The Hauraki Tribal Lands

THE HAURAKI TREATY CLAIMS

VOLUME

PART 4

Hauraki Maori Trust Board

The Hauraki Tribal Lands

DAVID ALEXANDER

PART 4:

Hauraki Plains District

HAURAKI MAORI TRUST BOARD

1997

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

ISBN 1-877198-12-9
© Hauraki Maori Trust Board

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

All rights reserved.
No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, induding 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 I-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

Preface   vii

Hauraki Region Districts   ix
Hauraki Region Map

Ahikope   3

Te Awaiti   5
Aranga (see Piako 1850s Purchases)

Te Awaroa (see Piako 1850s Purchases)

Hangawera   20
Hangawera (see Piako 1850s Purchases)

Hapuakohe   21
Te Hina (see Piako 1850s Purchases)

Hoe o Tainui   28

Hoe o Tainui A   54

Te Hopai   56

Horahia Opou   6o
Te Hotu (see Piako 1850s Purchases)

Hotukauri   68

Hotungaio   69

Hoururangi   7o

Kahamiroi   71

Kaikahu   75
Kaumatua (see Piako 187os Purchase)

Kopuapoto   79

Kopuarahi   8o

Kopuatai   86

Kopuraruwai   104

Koromatua   109

Koukourahi   116

Makumaku   123
Mangakahika (see Piako 1850s Purchases)

Mangateparu   135

Mangawhero   136

Maukoro   145
Mohonui (see Piako 1850s Purchases)

Ngarua   157

Ngataipua   168
Ngataipua East

Te Nge (see Piako 1850s Purchases)

Ngutumanga   182

Te Nihinihi   183
Ohinearei (see Takapau Rerekau)

Omotai   184

Ongarehu   185

THE HAURAKI TRIBAL LANDS-PART 4

Opepeka   193

Orongo   198

Otakawe   199 Otamatai (see Piako 1850s Purchases)

Paetoke   208 Patatai (see Piako 1870s Purchase)

Piako (1850s Purchases)   209

Piako (1870s Purchase)   232 Pirau (see Piako 1870s Purchase)

Pouarua—Pipiroa   282

Puhangateuru   292

Pukeamanu   300

Te Puninga   301

Te Rangatahae   303 Rangitoto (see Piako 1870s Purchase)

Te Rape   304

Rawerawe   305

Ruahine   306 Section 474 Parish of Taupiri (see Hapuakohe)

Takapau   310

Takapau Rerekau   312

Taukoro   316

Te Taupiri   317

Taurikomore   318

Te Tautiti   319

Tiritiri   320 Tokotoko (see Piako 1870s Purchase)

Totarapapa   328 Waemaro (see Piako 1850s Purchases)

Wahine Rukuwai   330

Waiharakeke   337

Waihekau   338

Waihou West   340

Waihou West 2, 3 & 4   343

Waikaka   350

Waikaka Reserve   358

Wairau   362 Waitakaruru (see Piako 187os Purchase)

Waitakaruru 1-5   364 Waitoa (see Piako 1850s Purchases)

Waokauri   376

Whakahoro   377

Whakakapua   378

Te Whanake   379 Wharawhara (see Takapau Rerekau)

Wharekahu   386

Wharikiriki   389

Willis' Grant   390

vi

HAURAKI REGION DISTRICTS

IX

PREFACE

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

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

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

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

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

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

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

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

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

vi

THE HAURAKI TRIBAL LANDS-PART 4

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 r9th and zoth centuries are contained in Volumes Four and Six.

VIII

Hauraki Plains District

This district covers the area which, before drainage, contained the swamplands of the Hauraki Plains. Its eastern boundary is generally the Waihou River, and its western boundary is the boundary of the Waikato Confiscation District. To the south the district encompasses a number of Crown purchases known as the Hangawera and Waitoa purchases, plus some purchases by private individuals on the drier lands. This places the district boundary just to the north of Matamata.

Blocks in this district that have not been researched are primarily a series immediately fronting on to the Waihou River, most of which were purchased by private individuals.

HAURAKI PLAINS DISTRICT

2

NHIKOPE

CREATED II and I2 July 1877

Hauraki Minute Book 10 pages 188-189 AREA   Ahikope I - 282 acres

Ahikope 2 - 8 acres 2 roods 38 perches

PLAN   Hamilton Maori Land plan 3905-15

Investigation of Title

A survey plan showing Ahikope I and z was completed by Oliver Creagh in February 1877.1 This showed Ahikope as a portion of a larger block referred to as Waihou West z.

Application to have title to Ahikope investigated was made in March 1877 by Haora Tareranui, Pepene Pirihi and Hotene Ngakari of Ngatitu.2

In July 1877 the Court ordered the issue of two Memorials of Ownership, for Ahikope 1 of 282 acres (in favour of 15 owners) and for Ahikope z of 8 acres 2 roods 38 perches (in favour of Makerita Tokerau solely).3

Purchase of Ahikope z by the Crown

The Crown in May 1878 notified that monies had been paid for interests in Ahikope I, and that purchase of the block was being negotiated by the Government.4

By a deed dated November 1878, the Crown purchased Ahikope r from its owners for £6o.5 Ahikope I was declared Waste Lands of the Crown in March 1879.6 However this was only after an irregularity in connection with this and some other deeds, for lands declared Waste

Lands of the Crown at the same time, was rectified. Some of the signatures had not been witnessed by a Resident Magistrate, or the grantees were minors. The Under Secretary made a special trip to Wanganui to interview Mackay, and reported back to the Native Minister that

Mr Mackay assured me that ... in every case the owners were satisfied with the amount paid,

and he considers the Crown's title clear and good.

Mr Mackay at my request has certified on each deed that the purchase is complete, and that he is not aware of any objection to the lands being proclaimed Waste Lands of the Crown. Under these circumstances I beg respectfully to recommend that the lands be at once proclaimed Waste Lands of the Crown.?

r Hamilton Maori Land plan 3905-15. Supporting Papers #N156.

z Application for Investigation of Title, rz March 1877. Maori Land Court Hamilton Block Orders file Hz6o. Supporting Papers #K32.1

3 Hauraki Minute Book ro pages 188-189. Supporting Papers 1416.39-40.

Orders of the Court, II July 1877 and rz July 1877. Maori Land Court Hamilton Block Orders file Hz6o. Supporting Papers #K32.2-3.

4 New Zealand Gazette 1878 pages 600-608, at page 6or. Supporting Papers #vvrx.r--9.

5 Auckland Deed 1036. Supporting Papers #A86.

6 New Zealand Gazette 1879 pages 420-421. Supporting Papers #wrz.6-7.

7 Accountant Native Department to Native Minister, 17 February 1879. Maori Affairs Head Office file MLP 1883/94. Supporting Papers #B44.1-2.

3

THE HAURAKI TRIBAL LANDS-PART 4

The matter went before Cabinet, where proclamation was approved.

In August 1879 Ahikope 1, Kahamiroi, Ruahine 1, Wharekahu, Totarapapa and part of Te Tautiti I were jointly reserved under the Municipal Corporations Act 1876 and granted to the Thames Borough Council.'

8 New Zealand Gazette 1879 page 1154. Supporting Papers #wm.I6.

Hamilton Land Registry Certificate of Title 20/38. Supporting Papers #P4.

4

TE AWAITI

CREATED 21 September 1896

AREA   Te Awaiti i - 14,093 acres Te Awaiti 2 - 3,000 acres Te Awaiti 3 - 150 acres Te Awaiti 4 - 60o acres Te Awaiti 5- 500 acres Te Awaiti 6 - 150 acres Te Awaiti 7 - 150 acres

PLAN   Hamilton Maori Land plan 6547

Investigation of Title

In March 1893 Haora Tareranui sought the Crown's assistance to advance the cost of the survey of the Awaiti block.' No action was taken on this request.

The survey of Te Awaiti was completed by CH Purchas in June 1894? He had undertaken the survey for Paora Tiunga, Pakara Te Paoro and others. The boundaries had been pointed out by Wi.

The Court investigated title to the block at Ohinemuri in October 1894. Ngati Hako claimed the block, and there were counter claims by Ngati Tamatera, Ngati Taharua (for the north eastern portion only), and Ngati Koi (for the central portion on the eastern side). In its judgement the Court awarded the block to Ngati Hako, but recognised that Ngati Tamatera had a valid claim which entitled them to "substantial recognition". Ngati Taharua were entitled to be included in Ngati Hako's list, because of the apparent lack of distinction between the two parties and the apparent joint occupation of Waihou West and Awaiti. Based on this decision the Court awarded Haora Tareranui and Ngati Tamatera 2500 acres at the south end of the block, with the balance to go to the joint Ngati Hako and Ngati Taharua list of names.3

A rehearing was heard in September 1896. The point at issue was the rejection by Ngati Hako of Ngati Tamatera's right to a portion of the block. The Court decided that Ngati Tamatera's lands extended northwards from the lands to the south of Awaiti (Wharekahu etc), and that part of Awaiti therefore should be awarded to them. But it held that the lower Court had awarded too much land to Ngati Tamatera, as the portion awarded had included some of Ngati Hako's kaingas and burial grounds. It awarded Ngati Tamatera 1400 acres, at the

1 Haora Tareranui, Paeroa, to Chief Land Purchase Officer, 22 March 1893. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #13154.1-2.

2 Hamilton Maori Land plan 6547. Supporting Papers #N219.

3 Hauraki Minute Book 36 page 204. Supporting Papers #J42.17.

5

THE HAURAKI TRIBAL LANDS-PART 4

southern end of the block, out of which it awarded iso acres specifically for Kimokimo Pepene. The remainder of the block was awarded to Ngati Hako and Ngati Taharua.4

Fresh orders were then made, for

Awaiti I, 14093 acres, 182 owners of Ngati Hako

Awaiti 2, 3000 acres, Epiha Taha, Paora Tiunga and Tame Matehaere Awaiti 3,150 acres, 32 owners of Ngati Taharua

Awaiti 4, 600 acres, Haora Tareranui solely

Awaiti 5, 50o acres, 33 owners

Awaiti 6,150 acres, 8 owners

Awaiti 7,150 acres, Kimokimo Pepene solely.'

Awaiti 4, 5, 6 and 7 were the Ngati Tamatera lands. Awaiti 2 was said to be "cut out to pay for the survey and other expenses".

In December 1896 the Court issued a series of survey liens in favour of the Crown over the Awaiti blocks:

Awaiti I, £266-

Awaiti 2, 56-12-7d Awaiti 3, £ z-16-8d Awaiti 4, L II- 6-6d Awaiti 5, £ 9- 8-9d Awaiti 6, £ 2-16-8d Awaiti 7, £ 2-16-8d.6

Offer to Sell Te Awaiti 6 to the Crown

In March 1895 VVH Taipari offered to sell his soo acres in the Awaiti block.

This is good land. It is situated on the west bank of the Waihou River close to the PaeroaTe Aroha railway line. I ask ten shillings an acre for this land.'

The Registrar explained that Taipari's soo acres was Awaiti 6 block.

Awaiti No 6 containing soo acres was awarded by the Court to Wirope Hotereni Taipari without restrictions. The case not yet been completed as the list of names for the two largest divisions [of Awaiti], viz, Nos z and 3 have not been settled. Five appeals have been lodged against the decision, some of which affect only portions and others, as far as I can make out, the whole block.'

As a result the Crown decided to wait until the appeals had been decided.' However, there is no indication that the offer was later investigated further.

4 Hauraki Minute Book 41 pages 33-36. Supporting Papers # g

\_ J4\_ .1-4.

5 Hauraki Minute Book 41 pages 198-zoo. Supporting Papers #.148.z1-zz. Orders of the Court, zi September

1896. Maori Land Court Hamilton Block Orders file Hizo6. Supporting Papers itx80.1-14.

5 Survey Charging Orders, 9 December 1896. Maori Land Court Hamilton Block Orders file Hizo6.

Supporting Papers #K80.15-28.

7 WH Taipari, Thames, to Land Purchase Officer Thames, i5 March 1895. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.3-4.

8 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 24 April 1895, on cover sheet to file NLP 1895/179. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.5.

9 Chief Land Purchase Officer to Land Purchase Officer Thames, z9 April 1895, on cover sheet to file NLP 1895/179. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.5.

6

The Hauraki Plains District: Te Awaiti

Crown Purchase ofAwaiti 4

By October 1896 the appeals had been decided. Haora Tareranui then offered to sell 600 acres of my land in the Awaiti block. I ask 7/6d an acre.

The County Council have made a road right through this from the Waihou River to the Waitoa. I therefore think that this land is worth 7/6 an acre.'°

When asked, the Surveyor General thought that "5/- quite enough, the position is good"," and this was communicated to Haora Tareranui. He responded that

this is altogether too little seeing that the land is quite close to the railway line (PaeroaTe Aroha) and the main road to Waitoa runs right through it. This is really good land and worth 7/6 an acre, because in two years time it will be thoroughly drained and dry through the making of the road and the digging of a great drain by the County Council past my land from Te Pari to the Waihou River.12

The land purchase officer in Thames forwarded Haora's response to Wellington, adding that

I know that this land cost Haora over £200 for Court fees and expenses, and, as illustrative of the enormous cost to the natives of putting their lands through the Court, the Ngatihako tribe, who have been awarded considerable areas in the Piako district lately, have paid about tz/- an acre in Court fees, Maori agents, surveys, etc, so that after all their lands are of very little benefit to them.13

But the attitude in Wellington was that

If Haora Tareranui is not satisfied with the price offered for Awaiti, he should look up a private purchaser."

In February 1897 the Land Purchase Officer in Thames telegraphed that

Judgement issued against Haora Tareranui and he is now willing to accept the price ... offered ... [for 600] acres of Te Awaiti block, namely five shillings. \_15

He was authorised to purchase Haora's block,16 and completed the purchase of Awaiti 4 for Zr5o (i.e. 5/- an acre) later that month.17

Awaiti 4 was declared Crown Land in October 1897.18

Haora Tareranui, Thames, to Land Purchase Officer Thames, 3 October 1896, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 4 September (should be October) 1896. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.6-7.

11 Surveyor General to Chief Land Purchase Officer, z6 October 1896, on cover sheet to file NLP 1896/270. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #13154.8.

12 Haora Tareranui, Thames, to Land Purchase Officer Thames, 4 November 1896, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 4 November 1896. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #8154.9-12.

13 Land Purchase Officer Thames to Chief Land Purchase Officer, 4 November 1896. Maori Affairs Head Office file MLP 1903/39. Supporting Papers #B154.9.

14 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, to November 1896. Maori Affairs Head Office file MLP 1903/39. Supporting Papers #B154.9.

15 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, 8 February 1897. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.13.

16 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 8 February 1897. Maori Affairs Head Office file MLP 2905/39. Supporting Papers #B154.13.

17 Auckland Deed 2049. Supporting Papers #A270.

18 New Zealand Gazette 1897 pages 2747-2749. Supporting Papers #w30.2-4.

7

THE HAURAKI TRIBAL LANDS-PART 4

Crown Purchase of Interests in Awaiti i Subdivisions and Awaiti 2

Following the definition of interests of the 182 owners in the block,19 Awaiti I was partitioned into io subdivisions in October 1898:

Awaiti 17 owners

Awaiti TB, 39 owners

Awaiti IC, 120 acres 1 rood, 2 owners

Awaiti 74 owners

Awaiti tE, 4 owners

Awaiti IF, 400 acres, 12 owners

Awaiti 1G, 411 acres, 12 owners

Awaiti 1H, 53 owners

Awaiti II,

Awaiti 4343 acres, 71 owners

In October 1898 the owners of 3540 acres of Awaiti block offered the land for sale to the Crown in a letter to Gilbert Mair, the land purchase officer in Thames.

There are between 3o and 4o owners, I am told, and all will sign. ...

I think one uniform price should be adopted for all these lands. The natives ask 7/6, but 6/-, the price given for land of similar quality and near to, is ample."

But the Surveyor General considered that

5/- is quite enough for this land. If Government obtained it, it could not be used until much more land has been acquired.21

The following month Mair advised that the owners were anxious to have a reply to their offer,22 but the response to Mair was that

For the present at all events Awaiti purchase is declined. Let Waitakaruru have all your attention. It was principally on account of Waitakaruru that you were sent to the Thames in the first instance, and we will have to explain hereafter if any private purchaser gets in front of us.23

In March 1899 Mair explained that

The native owners of Te Awaiti No z, that is the northern end containing some 6000 acres, are constantly inquiring if Government will be prepared to entertain their offer to sell. The title is, I believe, quite clear, but the dividing line has not yet been cut.24

It was ascertained that there would be no difficulty in preparing a plan for deed purposes, so Mair was told that he could purchase any of the subdivisions of Awaiti apart from Awaiti z, Awaiti 4 being already Crown Land.

19 Hauraki Minute Book 49 pages 79-80. Supporting Papers #J56.1-2.

2° Land Purchase Officer Thames to Chief Land Purchase Officer, iz October 1898. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.14.

21 Surveyor General to Chief Land Purchase Officer, zi October 1898, on cover sheet to file NLP 1898/173. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.15.

22 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, 18 November 1898. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.16.

23 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 18 November 1898. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.16.

24 Land Purchase Officer Thames to Chief Land Purchase Officer, 27 March 1899. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.17-zo.

8

Hauraki Plains District: Te Awaiti

You can purchase any of these blocks at 5/- per acre. Deal with each on a separate deed. I enclose lists of owners. At present I have not the names of trustees for minors but I will send them to you later on when obtained from the Native Land Court.

The question of the sale of the timber on No 2 to which you refer in your memo of the 24th [May 1889] will be looked into, meanwhile I would be glad if you supplied some further information on the subject.25

In July 1899 he commenced purchasing interests in Awaiti ID.26 Most of the shares purchased were obtained between July and September 1899. All but two of the shares in Awaiti 1G were purchased in September 1899 (the second to last was purchased the following month).27 Four

shares in Awaiti ij were purchased in September and October 1899.28 All but one of the shares in Awaiti IF were purchased in October 1899.29 Two shares in Te Awaiti rH were purchased in October and November 1899.30

Mair supplied the further information sought in July 1899.

Re Awaiti No 2, 3000 acres, and certain timber rights thereon claimed by RP Gibbons, the block passed the Native Land Court in 1894 and formed part of an area of some 18,000 acres. A rehearing was applied for which was dealt with in 1896 by Judges Butler and Edger, the original order being varied as to a portion of the block. Immediately after the Appellate Court gave its decision, Mr Gibbons of Kopu commenced to deal with the three owners, paying them some hundreds of pounds for the white pine timbers growing thereon. All the valuable timber on the adjoining blocks has been acquired in like manner by Messrs Gibbons and Bagnall. In order to evade the Native Land Court Act of 1894, a very cunningly drawn Deed has been used by which the owners contract to supply these Europeans with the timber or forfeit a nominal sum, and on making default the Europeans are empowered to enter upon the land and carry out the terms of the said contract which the native owners, as contractors, have failed to do. In 1897 a great fire swept over the 3000 acres and destroyed all the timber, and I very much doubt whether these Europeans will ever consider it worth their while to cut any of it, as white pine deteriorates so rapidly after being burned in this way. Apart from the loss of the timber, the land has been much improved by the fire as it is now drying up very quickly and grass is spreading through the burnt and fallen forest. If it can be purchased the natives would accept four (4/-) shillings an acre.3'

He was told that he could purchase Awaiti 2 for 4/- an acre, but, on the instructions of the Minister of Lands, he had to "first give notice to the Europeans in order that they may have an opportunity of protecting whatever rights they may claim over the timber".32

Mair gave notice to the two agents who had been working for Gibbons. These were James Mackay, who was working as a native agent in Paeroa, and a solicitor in Thames, AP Harper.33

25 Chief Land Purchase Officer to Land Purchase Officer Thames, 24 June 1899. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.21.

26 Auckland Deed 3522. Supporting Papers #A311.

27 Auckland Deed 3524. Supporting Papers #A313.

28 Auckland Deed 3526. Supporting Papers #A315.

29 Auckland Deed 3523. Supporting Papers #A312. 3° Auckland Deed 3525. Supporting Papers #A314.

31 Land Purchase Officer Thames to Chief Land Purchase Officer, 21 July 1899. Maori Affairs Head Office

file MLP 1905/39. Supporting Papers #13154.22-23.

32 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 27 July 1899. Maori Affairs

Head Office file MLP 1905/39. Supporting Papers #B154.23.

33 Land Purchase Officer Thames to J Mackay, Paeroa and A Harper, Thames, 5 August 1899, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 3o September 1899. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.24-27.

9

THE HAURAKI TRIBAL LANDS—PART 4

Mair received a reply from Harper, explaining that Gibbons merely had power of attorney to cut the timber from the block,34 which he forwarded to Wellington with a further explanation. I made no reply to Mr Harper's letter ... as he stated he wished to see me personally.

I did not meet him till the other day when he admitted that his clients had no registerable title, that the native owners had merely appointed Mr Gibbons as the attorney to cut and remove the timber for them at any time during zr years, and to pay them from time to time. When I told him the whole of the money had been paid and I had seen a clause in the deed which stated that in the event of the quantity of timber being more than stated, yet no further demand would or could be made by the native sellers.

I have seen the owners who say they are prepared to sign a deed at once for the 3000 acres, but I have told them to wait till I received further notice from you.35

Mair purchased all the interest of Tame Hoani, and half the interest of Paora Tiunga, in Awaiti z in October 1899.36

In November 1899 Ngawiki Potae, Epiha Taha and others wrote to the Native Minister

concerning a certain block of land containing four hundred acres in Te Awaiti block, which was sold by Tiunga and others to the Government. Friend, we ask you to return that four hundred acres to us as there is a fence of ours on that block. We will give another four hundred acres in Te Awaiti block.

It rests with you whether we give a larger area. If you arrange this matter with us as this is a great loss to us. If you cannot consent, write to us so that we may know and take down my fence.37

Mair explained that

The Crown has, with the exception of one interest (Totorewa Haira) completed the purchase of two subdivisions of Te Awaiti, viz, Awaiti No 1G, 411 acres, and Awaiti No IF, 400 acres. The writers, who own the adjoining land, wish to give an equal or larger area in consideration of receiving back No IF. It is possible that an equal area in some other subdivision might make the Crown portion more compact, particularly if offered out of 1B or Ili, but in any case the request cannot be entertained at present till Totorewa's interests are acquired. He is willing to sell and has promised to come up from Tuparoa, East Coast.38

The same month as Ngawiki Potae and others wrote to Wellington, November 1899, Mair commenced purchasing interests in Awaiti rB.39

In March 1900 Ngawiki Potae repeated her request to exchange Awaiti IF for a similar or larger sized portion of Awaiti block.40 She was told that

34 AP Harper, Thames, to Land Purchase Officer Thames, 17 August 1899, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 3o September 1899. Maori Affairs Head Office file MLP 905. /

39. Supporting Papers #B154.24-27.

35 Land Purchase Officer Thames to Chief Land Purchase Officer, 3o September 1899. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.24-z7.

36 Auckland Deed 3527. Supporting Papers #A316.

37 Ngawiki Potae, Epiha Taha and others, Paeroa, to Native Minister, z8 November 1899. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.28-3o.

38 Land Purchase Officer Thames to Chief Land Purchase Officer, 1 January 1900, on cover sheet to file NLP 1899/221. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.31-32.

39 Auckland Deed 3521. Supporting Papers #A31o.

4° Ngawiki Potae and others, 9 March two. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.33-34.

I0

Hauraki Plains District: Te Awaiti

As the title of the Crown is still incomplete, [the Premier] is unable at the moment to deal with your application. Later on it may be possible to make some satisfactory arrangement with you, but in the meantime he is not prepared to make any promise.41

Totorewa Haira signed the deeds for Awaiti IF and 1G later in 1900.42 Further interests in Awaiti ij were purchased in October 190043

Mair was willing to purchase interests when available throughout 1901 and up to August 1902. The only block he obtained further interests in, however, was Awaiti ID.44

In August 1902 the Court ordered that the Crown was the sole owner of all the shares in Awaiti IF and IG.45

In September 19oz the Crown went to the Native Land Court to have its interests cut out and separately defined. The Court made the following awards:

To the Crown   To Non-Sellers

Awaiti   216 acres   Awaiti 1B2, 1664 acres, 35 owners

Awaiti ID', 3139 acres   Awaiti 1D2, 400 ac or 15 p, 7 owners

Awaiti   7iac zr izp Awaiti   49 owners

Awaiti   190 acres   Awaiti Ij2, 4154 acres, 63 owners

Awaiti 2A, isoo acres   Awaiti zs, 500 acres, Paora Tiunga solely Awaiti 2c, moo acres, Epiha Taha solely

Awaiti 'Br, 'DI, IF, lc,   and 2A were declared Crown Land in July 1903.47

The Court's award of Awaiti 1J2 was affirmed on appeal (by Paora Tiunga) in January 1907.48

In June 1905 Ngawiki Potae tried a third time to arrange an exchange.49 The Commissioner of Crown Lands in Auckland was asked for his opinion, and he wrote to Ngawiki Potae asking him to show which lands he wanted to exchange on a plan, but Ngawiki did not reply.5°

Awaiti 2

In November 1905, Hataraka Manuhuia Poihipi wrote to the Native Minister about Awaiti of 3000 acres.

It was arranged by the people that three persons were to be as trustees for it in order to facilitate any arrangements for dealings with the said land, that is by leasing or otherwise. Well now, the

41 Chief Land Purchase Officer to Ngawiki Potae and others, Shortland, z April 1900. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.35-36.

42 Auckland Deeds 3523 (Awaiti IF) and 3524 (Awaiti 1G). Supporting Papers #A31z and A313.

43 Auckland Deed 3526. Supporting Papers #A315.

44 Auckland Deed 3522. Supporting Papers #A3II.

45 Hauraki Minute Book 53 page 97. Supporting Papers 400.4. Orders of the Court, 29 August 1902. Maori Land Court Hamilton Block Orders file Hizo6. Supporting Papers #K80.29-32.

46 Hauraki Minute Book 53 pages 174-175, 239-241, 250-251 and 269-272. Supporting Papers 400.6-7, 24-26, 2829 and 3o-33. Orders of the Court, 8 September 1902. Maori Land Court Hamilton Block Orders file Hrzo6. Supporting Papers #K80.33-51.

42 New Zealand Gazette 1903 page 1636. Supporting Papers #w36.1.

48 Note dated 22 January I907, on Order of the Court, 8 September 19o2. Maori Land Court Hamilton Block Orders file H1206. Supporting Papers #K80.50-51.

49 Ngawiki Potae, Paeroa, to Native Minister, r June 1905. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.37.

50 Commissioner of Crown Lands Auckland to Chief Land Purchase Officer, 6 November 1905, on cover
sheet to file NLP 1905/39. Maori Affairs Head Office file MLP 1905/39. Supporting Papers #B154.38.

II

THE HAURAKI TRIBAL LANDS-PART 4

people have found that those three have dealt wrongly with the land and that a portion has been sold, that is why, the case having been put in my hands, that I apply to you and your Council under Section 39 of Act of 1894 for an enquiry into that land, that is to have rightful persons included therein.51

Judge Edger, who had been one of the two judges presiding over the hearing of the appeal in 1896, explained that

It was one of the usual cases where the owners generally agree that a part be cut off and vested in a few owners to facilitate sale to clear off survey charges etc. Hone Patene, acting as agent for the owners in general, said that the three persons could be trusted to deal rightly with the land and conserve the interests of the tribe. They were the leading men.

It was doubtless to provide better protection in cases like the present that Section To of 1896 was enacted.

The partition made in 19oz was a purely formal cutting out of the interest acquired by the Crown. The Court had no knowledge of the disposal of the moneys paid by the Crown.52 The Chief Judge then gave as his opinion that

As the order on which this complaint is based is an order of the Appellate Court, Section 39/ 1894 does not apply. The writer appears to be under a misapprehension as to the purpose for which the 3000 acres were cut off.53

As a result Mataraka was told in reply that

It seems that in 1896 the 3000 acres was cut off to pay for the survey and other charges, and in 1902 i5oo acres was awarded to the Crown on partition, 500 acres to Paora Tiunga, and woo acres to Epiha Taha.

If the people think that these persons were put in to represent others as well as themselves, then they should produce some proof that that is so.54

In November 1906 Hataraka wrote again to the Native Minister on the subject.

The reason for my application to you was on the following grounds. It was arranged by the owners of that land the Ngatihako that there should be three persons in that land, so as to facilitate the dealings with the encumbrances on that land. As will be seen by reference to the Hauraki Minute Book 41 page 199, where Hone Patene, the kaiwhakahaere of the case, stood up and said that there should be three persons for the 3000 acres, namely Epiha Taha, Paora Tiunga and Tame Hoani, the idea of the hapu being that they should be trustees for the hapu.

Well, subsequent to the question of those three being settled in the year 1896, two of them sold their interest. On the 13th August 1894, Paora Tiunga sold half his share to Charles Short for £150 for his own personal benefit. The interest of Tame Hoani was all sold by him, as will be seen in the file of Te Awaiti No z, 2206/4. The hapu did not get any benefit from those moneys, but they [the sellers] only did. Epiha Taha is the only one who has not sold.

In addition to Section 39 1894 [Act] is Subsection io of Section 24 1894 [Act].

51 Hataraka Manuhuia Poihipi, Okere Falls, to Native Minister, 21 November 2905. Maori Affairs Head Office file 2907/23. Supporting Papers #c6.1-3.

53 Judge Edger to Chief Judge Native Land Court, 4 January 2906, on Hataraka Manuhuia Poihipi, Okere Falls, to Native Minister, 21 November 2905. Maori Affairs Head Office file 2907/23. Supporting Papers #c6.1-3.

53 Chief Judge Native Land Court to Under Secretary Justice Department, 6 January 2906, on Hataraka Manuhuia Poihipi, Okere Falls, to Native Minister, 2,1 November 1905. Maori Affairs Head Office file 1907/23. Supporting Papers #c6.1-3.

54 Under Secretary Justice Department to Hataraka Manuhuia Poihipi, Okere Falls, 12 January 2906. Maori Affairs Head Office file 2907/23. Supporting Papers #C6.4.

12

Hauraki Plains District: Te Awaiti

The strength of the prayer of the petitioners is that they be included.55

This time the Chief Judge (a different individual) felt that an Order in Council authorising

the Court to determine who should be the beneficial owners of Awaiti z should be issued.56 The Minister approved, and in February 1907 the Order in Council, under Section I4(10)

Native Land Act 1894, was issued.57

When the Court came to consider the matter in July 1907, it decided that the Order in Council was ultra vires and it had no jurisdiction."

After the Court hearing, an Auckland solicitor explained it had been thrown out because

Section 14 Subsection io only applies to land "heretofore" (prior to Native Land Court Act 1894) dealt with by the Court.

He therefore asked for the issue of an Order in Council under Section 15 Native Land Act 1894 to enable the Court to determine the beneficial ownership of Awaiti 2.59 The Chief Judge recommended this, adding that

It was held over in anticipation of legislation being passed last session enabling me to amend errors of the Appellate Court. Such legislation was not passed.°

The Under Secretary in the Native Department noted that

I am informed that, besides being the owner of No 2A (izoo acres), the Crown has since acquired No 2B (zoo acres) from Paora Tiunga. It would therefore appear that the only portion not sold is No zC (moo acres), which was awarded to Epiha Taha. Would you recommend the issue of an Order in Council in respect of this latter area only?61

The ChiefJudge agreed.

However, solicitors for those seeking to have the beneficial ownership determined did not agree.

Our Mr Blomfield understood from His Honour the ChiefJudge some time ago that the further Order in Council was made to apply to the whole block, notwithstanding the fact that the Crown had purchased a portion of it, so that if the Court found a trust, the beneficial owners might be able to claim from the Trustees a refund of any purchase money received by them from the sale to the Crown. We are afraid that if the contemplated Order in Council issues only for the moo acres, we will be barred from claiming a refund as to the portions sold to the Crown, as the Native Land Court would be without jurisdiction to deal with the matter.62

Hataraka Manuhuia Poihipi, Russell, to Native Minister, 24 November 1906. Maori Affairs Head Office file 1907/23. Suppoting Papers #C6.5-9.

56 ChiefJudge Native Land Court to Under Secretary Native Department, 14 January 2907, on cover sheet to file N 1907/23. Maori Affairs Head Office file 1907/23. Supporting Papers #c6.1o.

57 New Zealand Gazette 1907 page 564.

58 Hauraki Minute Book 55 pages 297 and 211-213. Supporting Papers #62.2 and 3-5.

59 EC Blomfield, Auckland, to ChiefJudge Native Land Court, 22 July 1907. Maori Affairs Head Office file 2907/23. Supporting Papers #05.21-24.

60 ChiefJudge Native Land Court to Under Secretary Native Department, 7 December 1907. Maori Affairs Head Office file 1907/23. Supporting Papers #c6.25-26.

61 Under Secretary Native Department to ChiefJudge Native Land Court, 13 December 2907. Maori Affairs Head Office file 1907/23. Supporting Papers #06.15-16.

62 Parr and Blomfield, Barristers and Solicitors, Auckland, to Under Secretary Native Department, 6 January 2908. Maori Affairs Head Office file 2907/23. Supporting Papers #C6.17-18.

THE HAURAKI TRIBAL LANDS-PART 4

The Under Secretary of the Native Department was anxious to find

any way in which, without prejudice to the Crown's interest, the scope of the inquiry could be extended to the whole block, so that, if it appears that the beneficial owners have been injured by the sales to the Crown, they would have a legal remedy against the trustees.63

The revised Order in Council under Section 15 was then issued in May 1908.64 This concerned whether the owners of Awaiti 2 named in the 1896 order held the land in trust for others. The matter was then heard by the Court in September 1908. It decided that the block was not held in trust,65 but this decision was appealed and the Appellate Court in August 1911 reversed the lower Court's decision and held that the grantees held the block as trustees. The matter was referred back to the Native Land Court, and in October 1914 the Court decided

that the list of owners of Awaiti 2C should be amended as a result. It was only possible for the Court to deal with Awaiti 2e, as both Awaiti 2A and 2B had been purchased by the Crown

(see below).66

Crown Purchasing Activity, 1906-1907

As a result of the Maori Land Settlement Act 1905 authorising the purchase of Maori Land, the Crown sought to purchase land on the Hauraki Plains. James Carroll, the Native Minister, recruited James Mackay, then living at Paeroa, as the Crown's land purchase officer for the district. Carroll gave Mackay a schedule of blocks to be purchased, which included

Te Awaiti I and 2B 7237 acres 15/- per acre ) as

3C and 1D2   1400   15/-   ) much

1H2   2528   ) as can

5, 6, 7   Boo   15/-   ) get67

The Under Secretary for Lands sent Mackay a more formal authorisation in October 1906, to purchase Awaiti I, 2B, 3c and ipz at from 12/6d to 15/- an acre, and Awaiti 1H2, 5, 6 and 7 at from 7/6d to '<D/- an acre.68

The Crown was not successful in purchasing any interests in Awaiti 5 or 6 before purchasing

ceased. Afterwards, in July 1907, a petition was sent to the Native Minister about Awaiti 5. The reason why we send you this petition is so that you may consent to the price for our land, viz., Te Awaiti block No 5, in the District of Ohinemuri, containing 500 acres. The price we

want is Lt-ro-od an acre. The said land is partly swamp and partly dry land, and a portion of it has flax growing thereon."

63 Under Secretary Native Department to Chief Judge Native Land Court, 3 March 1908. Maori Affairs Head Office file 1907/23. Supporting Papers #c6.15-16.

64 New Zealand Gazette 1908 page 1585. Supporting Papers #w41.3.

65 Hauraki Minute Book 58 pages 208-217 and 335-336. Supporting Papers 1465.ii-20 and 2I-22.

Ohinemuri Gazette, 21 September 1908. Copy on Maori Affairs Head Office file 1907/23. Supporting Papers #C6.19-20.

66 Hauraki Minute Book 63 pages 260-275. Supporting Papers 1470.2-17.

Order of the Court, 6 October 1914. Maori Land Court Hamilton Block Orders file Fi1206. Supporting Papers #K80.52-54.

67 Schedule of Blocks to be Purchased, undated. Lands and Survey Head Office file 55607. Supporting Papers #D4.I.

68 Under Secretary for Lands to Land Purchase Officer Paeroa, 2 October 1906. Lands and Survey Head Office file 55607. Supporting Papers #D4.7.

69 Rapata Tineia and 33 others, Paeroa, to Native Minister, io July 1907. Lands and Survey Head Office file 54769. Supporting Papers #D3.38-4o.

14

Hauraki Plains District: Te Awaiti

The petitioners were told that "the matter must be arranged between yourselves and Mr James Mackay, Native Land Purchase Officer Paeroa".7°

Purchase by the Crown ofAwaiti IC

In January 1907 Kimokimo Pepene, acting on his own behalf and as trustee for Mihireana Kimokimo, sold the western 70 acres of Awaiti IC to the Crown for "Lao previously paid and the sum of 42-10-od now paid".71 In June 1907 he sold the remaining 5o acres of the block to the Crown for 437-io-od.72

Purchase by the Crown of Awaiti 2B

Awaiti 2B was purchased by the Crown from its sole owner Paora Tiunga for £675 in July 19 07.73

A title was issued to the Crown.74

Purchase of Interests in Awaiti 1B2 by the Crown

Mackay purchased seven shares in Awaiti az for the Crown in June 1906.75 This was not a majority of the shares in the block, so the Crown then applied to the Native Land Court to have its interests defined. In November 1907 the Court awarded the Crown Awaiti azA of 432 acres and the non-sellers Awaiti IB2B of 1232 acres.76

Awaiti IB2A was declared Crown Land in March 1908.77

Purchase by the Crown of Interests in Awaiti 7

In January 1907 the sole owner of Awaiti 7, Kimokimo Pepene, transferred part of his interest in the block to the Crown!' This transfer affected loo acres in the western part of the 150 acre block, for which the purchase price was Lioo.

It seems that the Crown's purchase was not declared to be Crown Land, because of the need to first survey the land it had acquired.

Proposed Awards of Parts of Awaiti 5 and 6 to the Crown in Lieu of Survey Costs

In September 1907 the Crown claimed that a survey charge of Z9-8-9d was owing against Awaiti 5. It sought to have land to this value awarded it. The cost of surveying the subdivision of this land would be £3, so land to a total value of 12-8-9d was sought. The valuation of the block was 5/- an acre, so 49 acres was sought. The Court agreed to this,79 but before the

70 Under Secretary for Lands to Rapata Tineia and 33 others, Paeroa, 5 September 1907. Lands and Survey Head Office file 54769. Supporting Papers #D3.41.

71 Hamilton Land Registry Transfer 87817. Supporting Papers #0,105.

72 Hamilton Land Registry Transfer 87816. Supporting Papers #0,1o4.

73 Hamilton Land Registry Transfer 88764. Supporting Papers #0108.

74 Hamilton Land Registry Certificate of Title ? Copy on Auckland Deed 4o97. Supporting Papers #A37o.

75 Auckland Deed 3646. Supporting Papers #A348.

76 Hauraki Minute Book 58 page Io. Supporting Papers #J65.3.

77 New Zealand Gazette 1908 page 888. Supporting Papers #wo.t.

78 Hamilton Land Registry Transfer 43234. Supporting Papers #Q72.

79 Hauraki Minute Book 56 page 357. Supporting Papers #J63.29.

15

THE HAURAKI TRIBAL LANDS-PART 4

Crown's award could be completed, Haora Tareranui paid the £9-8-9d ovving,8° and the matter was then dropped.

A similar award was sought in Awaiti 6 at the same time. The survey charge was 2-16-8d, and the cost of surveying the Crown's award would be £3. At 5/- an acre, 24 acres was sought." Again Haora Tareranui paid the £2-16-8d owing,82 and the matter was dropped.

Stout-Ngata Commission

The Stout-Ngata Commission was told about lands still in Maori ownership in 1908. It was told that Awaiti IH2B and rHzC were leased or under negotiations for lease. It recommended, presumably at the request of the owners, that four other Awaiti subdivisions should be treated in the following manner:

Leased to   Held as   Sold to   Sold for

Europeans   Papakainga   Europeans   Mana

Awaiti 1B2   i000 acres   664 acres

Awaiti ID2   zoo acres   175 acres   25 ac

Awaiti tjzA & B   3000 acres   535 ac 2r   518 acres   'a° ac83

The proceeds of land sold for mana was to used to purchase land at Turangawaewae.

The Commission, the Registrar of the Native Land Court (which advised the Commission), and the owners, seem to have been unaware that Awaiti 1B2 had been partitioned in November 1907, with part awarded to the Crown.

Purchase by the Crown of Awaiti IAI

Awaiti IA was partitioned in August 1907, as follows:

Awaiti   264 acres   Paora Tiunga and Te Niana Iheihe,

Awaiti tik Tapu, r acre   Tangiwai Te Kiri solely (to be inalienable),

Awaiti 1A.2,535 acres   15 owners84

In April 1908 Paora Tiunga offered his interest in Awaiti IA1 to the Crown.

This is a prayer from me to you that you agree to my land at Te Awaiti No r containing 240 acres, owned by me solely, being applied to discharge my trouble (debt). The following is my trouble, viz. a flax mill of mine at Te Komiti, Kaipara. The balance due on the said mill is £zor. The month for paying same is in May, the nth day thereof. The said land adjoins Te Awaiti No 213,500 acres, sold by me to the Crown. This is the reason why I apply, because the money already expended on the said mill is very large, viz. £600.

The partition of the said block has been completed, and there are two of us in the partition, my co-owner owning 24 acres, so that the whole area is 264 acres.85

The following month Hone Heke MP telegraphed in support.

Inform me today your word re the letter of Paora Tiunga to you praying you to (give) him freedom to borrow money on his land Te Awaiti No IA, 264 acres (to enable him to obtain funds)

80 Margin note on Hauraki Minute Book 56 page 357. Supporting Papers #J63.29.

81 Hauraki Minute Book 56 page 357. Supporting Papers #J63.59.

82 Margin note on Hauraki Minute Book 56 page 357. Supporting Papers #J63.59.

83

AJHR, 1909, G-rA, pages 7-9. Supporting Papers #u32.2-4.

84 Hauraki Minute Book 56 pages 140-141 and zoz. Supporting Papers #763.1-2 and 4.

85 Paora Tiunga, Paeroa, to Native Minister, 15 April 1908. Maori Affairs Head Office file 1907/23. Supporting Papers #c6.21-26.

i6

Hauraki Plains District: Te Awaiti

for his flax (miffing) undertaking. This (he) is a responsible (or proper or worthy) person from Hauraki."

In July 1909 Paora Tiunga's interest was purchased by the Crown. Te Niana Iheihe's interest was purchased in August 1910." The total purchase price for the block was £396 (i.e. £1-10-od per acre).

In July 1911 the Court determined that the Crown had purchased all the shares and was therefore the sole owner of Awaiti 1A1.88

A title was issued to the Crown.89

Purchase by the Crown of Interests in Awaiti 1J2A2 and 1J2B1B2

In May 1919, as part of the Hauraki Plains Drainage Scheme, the Chief Drainage Engineer in the Department of Lands and Survey recommended that a prohibition on alienation be

issued against Awaiti IJA2 and ij2BIB2, (among other blocks) as "the lands mentioned are all dependable more or less on the Department's drainage works".9° At this time Awaiti 1J2A2 of

approximately 100 acres had six owners, while Awaiti 1J2B1B2 of 1257 acres i rood 35 perches had 12 owners. The notice was issued in August 1919.91 It prohibited all alienations of the

blocks, other than alienation to the Crown, for one year. The notice was extended for a further six months in July 1920.92 and then for a further 18 months in January 1921.93

In February 192,1 the Under Secretary for Lands asked the Native Department to arrange the purchase of the two blocks, as they were considered

suitable for close settlement and are lands of good quality". The Government Valuation for the zoo acres was £izoo and for the 1257 acre portion £4350 in 1917. I have no doubt but that a new valuation would show a considerable increase in these prices, and suggest that the Valuation Department should be asked to supply a new valuation which might be submitted to me for consideration before the acquisition is proceeded with.94

The new valuations showed capital values of £r000 and L'16,550 (including £850 for

improvements) for Awaiti 1JZA2 and 1.12BIB2 respectively.95 Purchase was approved by the Lands and Survey Department, a Crown Lands Ranger having "strongly recommended their

86 Telegram Hone Heke MP to Native Minister, 9 May 1908. Maori Affairs Head Office file 1907/23. Supporting Papers #C6.27-30.

87 Hamilton Land Registry Transfer 101665. Supporting Papers #0,121.

88 Hauraki Minute Book 6o pages 271-272. Supporting Papers #J67.8-9.

89 Hamilton Land Registry Certificate of Title 272/246. Copy on Auckland Deed 4130. Supporting Papers #A371.

90 Chief Drainage Engineer to Under Secretary for Lands, 13 May 1919. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #13172.1.

91 New Zealand Gazette 2929 page 2575. Supporting Papers #w51.6.

92 New Zealand Gazette 192o page zzoo. Supporting Papers #w52.5.

93 New Zealand Gazette 1922 page 235. Supporting Papers #W53.3.

94 Commissioner of Crown Lands Auckland to Under Secretary for Lands to Under Secretary Native

Department, 7 February 19219 forwarded to Under Secretary Native Department, 9 February 1921. Maori

Affairs Head Office file MLP 1919/21. Supporting Papers #13172.20.

93 Valuation Certificate, 22 March 1921. Maori Affairs Head Office file MLP 1919/21. Supporting Papers

#13172.23.

17

THE HAURAKI TRIBAL LANDS-PART 4

acquisition at a higher figure than set out in the Government Valuation"," and the land purchase officer was instructed to proceed.97

The land purchase officer purchased shares at the rate of the unimproved value for the two blocks (i.e. £15,700 in the case of Awaiti IJ2BIB2). The first purchase of an interest in Awaiti gzAz as in December 1921,98 and of an interest in Awaiti ganz was in June 1921.99

As at March 1924 the Crown had acquired shareholdings equivalent to 65 acres 1 rood of Awaiti 42A2 (leaving the equivalent of 33 acres o roods 23 perches not purchased), and the equivalent of 477 acres 3 roods 31 perches of Awaiti IJ2BIb2 (leaving the equivalent of 779 acres 2 roods 4 perches not purchased).100 That year an application was made by one of the non-sellers for the partition of the two blocks.

In October 1924 the Court awarded those owners who had sold to the Crown Awaiti IJZA2B of 65 acres 2 roods 20 perches, while the sole non-seller, Takotorau Te Pirihi, was awarded Te Awaiti IJ2A2A of 34 acres 1 rood 20 perches.101The Crown award was then declared Crown Land.102 When surveyed Awaiti IJA2B had an area of 64 acres 2 roods 14 perches.

There were no further purchases of shares in Awaiti ij2BiB2.103 In August 1927 the land purchase officer reported that

The balance owners are holding. I do not think the Drainage Board requires more than already purchased, however when the Engineer returns I shall see him and have his advice. I shall then follow up the owners if further land is required.104

Three months later the Under Secretary for Lands asked that purchasing in this block cease."' It was agreed that the Crown's interest would be partitioned out, and application was made to the Native Land Court.106

In March 1928 the Court awarded those who had sold to the Crown Awaiti 1J2BIB2A of 477 acres 3 roods 31 perches, leaving the 6 non-sellers with Awaiti IJ2BIB2B of 779 acres 1 rood 4 perches.107 Both awards were subject to the area of a roadline being deducted on a pro rata basis from each subdivision. The Crown block was declared Crown Land in June 1928.108

96 Chief Surveyor Auckland to Under Secretary for Lands, 17 May 1921. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #B172.24.

97 Under Secretary Native Department to Land Purchase Officer Auckland, 24 May 1921. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #13172.25.

98 Auckland Deed 4643. Supporting Papers #A389.

99 Auckland Deed 469o. Supporting Papers #A392.

100 Handwritten note, undated, on Under Secretary for Lands to Under Secretary Native Department, 6 October 1924. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #13172.37-39.

101 Hauraki Minute Book 68 pages 353-354. Supporting Papers #.175.10-n.

102 New Zealand Gazette 1925 pages 159-160. Supporting Papers #w57.1-2.

103 Auckland Deed 469o. Supporting Papers #A392.

104 Land Purchase Officer Auckland to Under Secretary Native Department, 3o August 192,7. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #8172.4o-41.

ros Under Secretary for Lands to Under Secretary Native Department, 8 November 2927. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #B172.42-43.

106 Under Secretary Native Department to Registrar Native Land Court Auckland, 24 November 1927. Maori Affairs Head Office file MLP 1919/21. Supporting Papers #B172.44-45.

107 Hauraki Minute Book 69 page 216. Supporting Papers #J76.2.

108 New Zealand Gazette 292,8 page 2079. Supporting Papers #w60.3.

18

Hauraki Plains District: Te Awaiti

In February 1932 the Court agreed to adjust the boundaries of the Crown's award, though not the area, so that it included two canals cut by the Crown, and provided rights of way across the canals in favour of the portions remaining in Maori ownership.1°9

When surveyed, Awaiti IJ2BIB2A had an area of 476 acres 3 roods 37 perches. Private Purchase of Te Awaiti 1D2

Te Awaiti ID2 was purchased by Montague Harrison Wynard, in two deeds registered in November I9I2.110

109 Hauraki Minute Book 70 page 72.

uo Hamilton Land Registry Transfers 69898 and 69899, referred to in Hamilton Land Registry Provisional Register 46/19.

19

HANGAWERA

CREATED   29 December 1873 Waikato Minute Book 3 pages 104-105

AREA   10050 acres

PLAN   Hamilton Maori Land plans 2702 and 37821

OWNERS   Hori Karama and 7 others

PURCHASED BY   Thomas Morrin

DATE   Interest of Mere

Rotoroto - 28 July 1877. Interests of Hori Karama and 6 others - 6 August 1877

PURCHASE PRICE   Interest of Mere Rotoroto - L140. Interests of Hori Karama and 6 others - £1096

TRANSFER REFERENCE Deeds Register Book IF page 182

(Auckland Land Registry) Deeds Book 3F

pages 847-850

1   Supporting Papers #N67 and N152.

20

HAPUAKOHE

In 1870 Tarapipipi had requested that his people be granted land at Hapuakohe, on which they had made cultivations. This request was as a result of an adjustment to the confiscation

line, which meant that their cultivations were included in the confiscated lands (see section of this evidence on Piako purchases).

The question of Tarapipipi's request came up as part of the Piako purchase negotiations in April 1889 (see section of this evidence on Piako purchases).

Following the settlement of the Piako purchase, in July 1889 Wirihana Paho wrote to Wilkinson.

This is a request of mine to you, that is to Government, to give us a larger area of land than we have at present for the purpose of cultivating food. The reason I make this request is because the portion suitable for growing food within the 7000 acre reserve which was arranged by Pohutuhutu (Tarapipipi) and Government in order that we might have a fixed place of abode on the land originally our own within the Government boundary (confiscation line) is very small. I am one of the real owners of this land from the time of my ancestors. When I heard from Te Whetuiti (Wini Kerei) that the land outside the confiscation line had gone into the possession of the Government as payment for advances (on Piako block), all we have left is the 7000 acres. That is why I apply to Government. Most of the 7000 acres is mountainous (or broken). A very small portion only is good land (suitable for cultivation). The good or suitable places where we are in occupation have gone to Government to pay for advances, and there are no suitable places or us to cultivate food on. The boundaries of the additional portion I ask for commence at Hapuakohe, thence along the ridge to Te Ware-o-Patutahi, thence to Te Miro, thence to Paoneone, thence to the station (trig) at Pororua, then goes southwards along the ridge, then descends to the valley to the wooden house (? blockhouse) at Whakapekapeka (Moerangi), and ends there. That position is known by the line (confiscation line). That is the land I ask you for, that is the Government, to give to us. There are some so of us who will occupy it, and the reserve.1

Wilkinson commented on this letter that

[Wirihana Paho] belongs partly to N' Ringatahi, a section of Ngatipaoa (Wini Kerei's people), and partly to Waikato. He has been, and is now, I believe, a supporter of the King movement. He, with old Houma (since dead) and others, caused considerable trouble and anxiety some years ago whilst they were living at Moerangi, through their objection to surveys and everything else that partook of civilisation, or was the means by which the Maoris could become dispossessed of their land. The 7000 acres referred to by the writer is the 7000 acre reserve originally fixed by Tarapipipi and Dr Pollen, and which Wini Kerei and his people retain for themselves out of the 24,000 acres or thereabouts lying between the original an altered confiscation lines in that locality, and which the Crown got in accordance with the settlement of the Piako question arrived at in April last. I dispute the correctness of the writer's statement, viz., that a very small portion only of the 7000 acre reserve is good land. I consider that there is a considerable portion - several hundreds of acres - of good land upon it. There is also the fact that the writer and his companions will most likely be included by Wini Kerei as owners in Te Hoe o Tainui, or Taiaha a Huakatoa block, which will shortly be before the Court, should the latter

1 Wirihana Paho, Tawhirinamu, to Native Agent Alexandra, to July 1889, attached to Native Agent Alexandra to Under Secretary Native Department, 13 Sugust 1889. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.369-380.

21

THE HAURAKI TRIBAL LANDS-PART 4

succeed in proving his title to it, which I think is most likely. I would suggest that the matter stand over until the 7000 acre reserve block is surveyed, and the title to the other block decided by Native Land Court. If a surveyor is sent to survey the 7000 acre block, he might be instructed to notice how much land suitable for cultivation there is upon it, also the position of the burial places at Moerangi mentioned by writer.2

The Under Secretary to the Native Department was aware of the promise of a reserve to Tarapipipi, but there was no written record of the promise in the Department. Daniel Pollen was therefore written to, and asked what he could recall of the promise he had allegedly made.3

Pollen replied that

I have no recollection of having made any such promise or agreement as is in this letter mentioned. Acting only as Agent of the Government, I certainly would not have made a promise affecting a subject so large as the practical restoration of 24,000 acres of the confiscated territory to natives who had been in rebellion, without special authority from the Government. Such an authority would come to me officially through the Colonial Secretary's office, and would be recorded there if issued. I do not think that such an authority was ever given. Amongst my memoranda of official transactions, I can find no trace of it, or note of any occasion when such a promise could have been made by me to Tarapipipi Te Kopara or to any other men of the Ngatipaoa.

There is this antecedent improbability about it that, in my capacity as Government Agent and as Native Minister, I held, and always advisedly expressed, the opinion that, whilst for all rebel natives who chose to come in ample provision in land should be made, not an acre of the confiscated land should ever be surrendered to those who were in rebellion, as that would be an acknowledgement that the confiscation was wrongful, an acknowledgement which no Government could be expected to make.

With regard to the records accompanying this letter and to the question raised in Tarapipipi's letters to myself, I note that my report of the native meetings at Piako and at Shortland (of date December 24th 1870) was laid before Sir Donald McLean, who was then in Auckland, and it would appear that in consequence of the absence of a triangulation station, no action with reference to the rectification of the confiscation boundary could then be taken, and nothing was in fact done for a long time thereafter.

Regarding Tarapipipi's complaint that his land and that of his people at Hapuakohe had been taken, I have no doubt that I promised to recommend to the Government that land should be set apart for them at that place, and this appears to have been done very liberally, but not by me, and not perhaps on the terms mentioned in my report. Whilst the question of the alteration or rectification of the confiscation boundary was being discussed, I assured all the natives present that if in making a new boundary any land not already proclaimed as confiscated should be included, payment would be made to the owners for what would be so taken. That was the practive limit of any promise made on the occasion in question, or, to the best of my recollection, at any other time.4

The Native Minister was advised that

You will notice from Dr Pollen's [reply] that, with perhaps the exception of some land at Hapuakohe, none of the promises or agreements as alleged appear to have been made.

2 Native Agent Kihikihi to Under Secretary Native Department, 13 August 1889. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #1374.369.

3 Native Minister to D Pollen MLC, Auckland, If October 1889. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.367 and 336-355.

4 D Pollen, Auckland, to Native Minister, z6 October 1889. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.336-355.

22

Hauraki Plains District: Hapuakohe

The Surveyor General will no doubt be able to suggest a fairly liberal interpretation of the promise with respect to Hapuakohe.5

The Minister then asked the Surveyor General

Can you suggest, knowing the District and the circumstances in connection with the alleged promise, what area it would be necessary to give to the natives to include their settlements and plantations.'

The Surveyor General replied that

I would recommend that the portion marked with blue edge on map attached hereto be set aside for natives. There are I think a number of them who are (or were) living on the land and cultivating it. The northern part of this block is steep and wooded and not much of it could be used either by Maoris or Europeans for cultivation. The land south of the Mangawara is all swamp and would be no good to the Maoris. The area within the blue lines would be about 2500 acres, but its western boundary may vary somewhat to exclude granted sections, or to include some of the Maoris' cultivations.'

The Minister approved of this land being granted to Ngati Paoa.

In July 1890 Graham, as agent for Ngati Paoa, telegraphed that

The whenua rahui at Hoe o Tainui for Tarapipipi is in reality the basis of arrangement with Crown to Piako claims, and if not settled will surely lead to great complications as natives are permanently occupying. Mr Mackay is here and is prepared to certify that the land was so arranged to be given to Tarapipipi as a reserve when the confiscation line was altered to Moerangi. He has wired Hon Pollen today.'

Mackay's telegram to Pollen read

Some complication has arisen about the confiscated land which you gave back to Tarapipipi. I was with you when you made the arrangement to shift the eastern boundary to Moerangi. After Percy Smith ran the line from Mangawara to Pohemo, you asked me to ascertain the approximate area of the piece extending from Mangawhara via Moerangi northwards to Rataroa. You said it was rather larger than what you intended to give, but as we had fixed it, it must remain as it was.'

The reply to Graham was that

Hon Dr Pollen, the Surveyor General and Mr Lewis have had a meeting on the subject of the reserve, and believe it is now put in form for settlement. Mr Smith, who is acquainted with the original arrangements will write a memo on subject and ... tracing which can be minuted by Hon Dr Pollen. The necessary legislation can then be prepared."

Percy Smith's memorandum stated that

You asked me as to what my recollection was in reference to lands at Moerangi and Hoe a Tainui on the Mangawhara Stream, Hapuakohe Survey District.

5 Accountant Native Department to Native Minister, 4 November 1889, on cover sheet to file NLP 1889/338. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.329-331.

6 Native Minister to Surveyor General, 4 November 1889, on cover sheet to file NLP 1889/338. Maori Affairs Head Office file MLP 1892/8. Supporting Papes #B74.329-331.

7 Surveyor General to Native Minister, 6 November 1889, on cover sheet to file NLP 1889/338. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.329-331.

8 Telegram WA Graham, Thames, to Native Minister, 5 July 1890. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.294-295.

9 Telegram J Mackay, Thames, to Hon Dr Pollen MLC, Wellington, 5July 189o. Maori Affairs Head Office file MLP 1892/8. Supporting Papers *B74.290-292.

1° Telegram Native Minister to WA Graham, Thames, 7 July 1890. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.289.

23

THE HAURAKI TRIBAL LANDS-PART 4

I have no positive information on the subject at all, but still I am aware that a block of land such as I have shown on tracing attached has always been withheld from dealings because it was required for the Maoris living there who were relatives or belonging to Tarapipipi's tribe. No very definite boundaries have ever, so far as I know, been fixed for this land, but they are approximately as I have shown on tracing and therein coloured red. The natives have been in occupation since 1873 to my own knowledge, and probably were so before that.

I think it not unlikely that the Maoris are occupying lands outside and to the west of the boundaries shown, but I have no positive information.11

The Under Secretary in the Native Department recommended that

I think this had better be looked into when I am at Auckland. The reserve must be surveyed and names of Grantees settled before legislation can be obtained to authorise issue of Grant.12

The Minister approved this course of action.

When a surveyor went on the ground, he was apparently obstructed. In September 1890 the Chief Surveyor at Auckland wrote to Wilkinson that

As you are doubtless aware that some 2500 acres are to be surveyed at Hapuakohe for Wini Kerei and his hapu, in prosecution of this intention I instructed Mr Haszard, Government surveyor, to proceed to Hapuakohe and commence the survey. He now writes to me under date of 27 August that upon proceeding to the ground and commencing work, he was stopped by Te Wirihana, who refused to allow him to proceed with the work. I now write to ask if it will be convenient to you to meet Mr Haszard on the ground so as to explain the matter to the native yourself, and also to ask what time will suit you."

Wilkinson replied that

I cannot say when it will be convenient for me to proceed there to meet Mr Haszard, the surveyor, and explain the matter to the natives, as requested by you, as, from correspondence that has later taken place between the Under Secretary Native Department and myself; I am satisfied that, unless the reason is an important one, it is not considered advisable in the interest of Government land purchase operations within Rohepotae block that I should absent myself from this district. I have however forwarded your memo to Wellington for the information of the Under Secretary and for his instructions. In the meantime I would suggest two courses of action for your consideration; one is to communicate with Wini Kerei himself (I will do so for you if you desire it), who is at present attending the NL Court at Thames, and request him to deal with Te Wirihana. The other is to take the same action with regard to Te Wirihana as was taken with the Kerepehi (Piako) natives who obstructed the erection of a trig station at their settlement a few weeks ago, viz., summon him for obstructing Mr Haszard, who I presume was legally on the ground for the purpose of making the survey.14

Three days later Wirihana Paho wrote to Wilkinson.

This is to let you, that is the Government, know my reasons for obstructing the survey of my land within the Government outside boundary (confiscation line) which was reserved for us

11 Surveyor General to Under Secretary Native Department, 9 July 1890. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.287-288.

12 Under Secretary Native Department to Native Minister, 19 September 2890, on cover sheet to file NLP 1890/228. Maori Affairs Head Office file MLP 2892/8. Supporting Papers #B74.285.

13 Chief Surveyor Auckland to Native Agent Otorohanga, r September 1890, attached to Native Agent Otorohanga to Under Secretary Native Department, 4 September 1890. Maori Affairs Head Office file MLP /S

\_92 \_.273-275.

14 Native Agent Otorohanga to Chief Surveyor Auckland, 4 September 1890, attached to Native Agent Otorohanga to Under Secretary Native Department, 4 September 1890. Maori Affairs Head Office file MLP 2892/8. Supporting Papers #1374.273-275.

24

Hauraki Plains District: Hapuakohe

(myself and others). It was because I saw the name of Wini Kerei, and that some of our land was to be his (was to be given to him). That is why I obstructed the Europeans (surveyors), viz., because he (Wini Kerei) is interfering (or claiming) without a right to land that is ours from olden time.

Listen, 0 Government, to my word. I do not agree to the name of this person (W Kerei) that I saw upon the map of this land. Remove his name from the map in order that I may be clear (my mind may be easy), and in order that the land may be left intact for you to do as you like with.15

Wilkinson forwarded his letter to Wellington, commenting that

The writer appears to think that either Wini Kerei is having the survey made without the knowledge of Government, or that he has made wrong (so Wirihana Paho thinks) representations to Government regarding his original ownership to the land. Wirihana Paho is a Waikato native, but I believe is also connected with Wini Kerei and his people. He is a King native and has been living on the land in question, and at Moerangi adjacent, for the past is years or more. There are letters in Wellington regarding his claim to this land. I am not clear as to his reference to its having been promised to him, unless he refers to the offer by Mr Fenton and myself in 1882 of most of the unoccupied Crown Land in the vicinity of Hapuakohe to landless Waikato natives if they would go and occupy it.16

The following month the Under Secretary noted that

I have seen the Survey Department, and no further difficulty is anticipated with Wirihana in connection with this survey.17

This note was made by the Under Secretary while he was in Auckland. While there, he also wrote a note to the Native Minister.

There is a difficulty in connection with the reserve which you have authorised to be surveyed at Hapuakohe in fulfilment of old promises understood to have been made to the natives. In a minute addressed to the Surveyor General on 4th January 1889, you asked Mr Smith what area would be necessary to give to the natives to include their settlements and cultivations. The Surveyor General in reply recommended that an area marked within blue lines and containing about 2500 acres should be given and remarked that "the land south of Mangawara is all swamp and would be no good to the natives". Now that the survey is being made, it is found that there is a dry belt or promontory of land south of the Mangawara on which the natives have cultivations which they much desire to obtain. I think the Survey Department should be instructed according to your intention to include in the survey all the cultivations, but if the natives can be go to agree, to exclude from the survey all land not likely to be of use to them. I am informed that a great deal of the land north of Mangawara is hilly and barren and not cultivatable by the natives, although of course they will try to secure it, being under the impression that the whole of the area coloured pink on the map referred to was promised to them.18

The Minister agreed that

The lines to be altered so as to include the cultivations, but the total area is not to exceed 2500 acres.19

15 Wirihana Paho, Tawhirinamu, to Native Agent Otorohanga, 7 September 189o, attached to Native Agent Alexandra to Under Secretary Native Department, II September 1890. Maori Affairs Head Office file MLP 18 92/8. Supporting Papers #B74.267-27o.

16 Native Agent Alexandra to Under Secretary Native Department, n September 189o. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #1374.267-270.

17 File note by Under Secretary Native Department, 15 October 189o, on cover sheet to file NLP 1890/313. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.266.

18 Under Secretary Native Department to Native Minister, 18 October 189o. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.262-265.

19 File note by Native Minister, 18 October 189o, on Under Secretary Native Department to Native Minister, 18 October 189o. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.262-265.

25

THE HAURAKI TRIBAL LANDS-PART 4

When the survey of the reserve was completed, it was found to have an area of 3736 acres. It was given the appellation Section 474 Parish of Taupiri.

In 1894, by Section 5 Native Land Claims and Boundaries Adjustment and Titles Empowering Act 1894, title to Section 474 was awarded to Ngati Paoa, with the Native Land Court to determine who was entitled to be an owner.

The Court ascertained who were the owners in March 1895.20

Offer to Sell Interests in Hapuakohe to the Crown

In February 1895, one month before the ownership of Hapuakohe was ordered by the Court, 7 people of Ngati Paoa wrote to Gilbert Mair that

We have decided to sell our land called Hapuakohe to the Government in order to provide money for our trouble (Native Land Court expenses). We ask 15/- an acre.21

Mair forwarded the offer to Wellington, noting that

The Ngatipaoa living about Whakatiwai and Te Hoe o Tainui, being unable to put any of the large Piako blocks through the present Court without money, now offer the Hapuakohe block for sale to the Government. You will remember that by an Act of last session, this land was handed back to these Natives. It was originally over 7000 acres, but a considerable area was sold before the justice of the Native claims were recognised. The balance is between four and five thousand acres. I have not been over the land, but am informed that it contains some fine level land, while the hilly portion os fairly good bush land. It is also reported that gold has been found on or near the Hapuakohe Trig Station. I believe there is a considerable quantity of white pine on the portion near the Mangawara River. The natives ask 15/-, but they might take 7/6d. I should mention that they have applied to the Court to fix the list of owners, but they propose only putting in two or three names if Government will consent to purchase, so as to facilitate the s ale . 22

The Chief Land Purchase Officer's response was that

If ever this reserve was promised to the Natives at all, it as because of their supposed landless condition. That is certainly the reason why the alleged promise was carried out, although the evidence goes in the direction of showing that it was not made at all. The proposal to limit the list of owners should not be listened to.

The Government will not repurchase the land. The Natives must retain it as a permanent reserve.23

Mair replied early in March 1895 that

I am not familiar with the reasons why the balance of Hapuakohe was returned to these particular natives. It certainly was not because they were landless. I am informed that the land was wrongfully confiscated, that the Government had no legal right to it, that before the error was discovered about half had been disposed of. The retention of Hapuakohe is not absolutely necessary to the natives, and in their anxiety to put the Piako lands through the Court, they

20 Hauraki Minute Book 37 pages 8o-8z and 86-87.

21 Tumakere and 6 others, Te Hoe o Tainui, to Land Purchase Officer Thames, 18 February 1895, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 18 February 1895. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.1-2.

22 Land Purchase Officer Thames to Chief Land Purchase Officer, 18 February 1895. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.1-2.

23 Chief Land Purchase Officer to Land Purchase Officer Thames, z8 February 1895, on cover sheet to file NLP 1895/106. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.3-4.

26

Hauraki Plains District: Hapuakohe

must make some sacrifice. They are practically unanimous in the wish to dispose of this block. As I have pointed out, unless Government can entertain some of the numerous offers they have made, there is nothing for it but to withdraw all their cases from the present Court. These people have been consistent Kingites and anti-land sellers, and it will be a great pity if we cannot assist them in some mutually advantageous purchase of their surplus lands.24

But the Chief Land Purchase Officer was unmoved.

I can only say that if the Natives do not require this land for occupation, and are not residing on it, the Minister has been deceived. Dr Pollen, who was the General Government Agent alleged by the Natives to have made the promise, denies their statement from beginning to end. Mr Mitchelson, under the impression that they wee landless or had their homes on this reserve, gave it to them as an act of grace.25

Mair then explained the land that Ngati Paoa had.

The same natives have since had the Maukoro 10,000 acre block conveyed to them by Sir F Whitaker, also Willis' Grant 2000 acres, and over z000 acres in Hoe o Tainui block, so Government need not be apprehensive about rendering them landless by purchasing Hapuakohe. 300 or 400 acres is all they need retain in it. However if Government will not purchase, there is an end to it. I have informed them accordingly.26

The Chief Land Purchase Officer sent the file to the Surveyor General, commenting that

Mr Mitchelson would never have given the Natives this reserve had facts not apparently been misrepresented to him.27

The Surveyor General replied that

No doubt it is so. The land was returned to these people because they were living there in large numbers in (1880—about), and because they were represented as landless. It would never do to buy this block. It is not suited for native settlement and should be kept as a reserve for them.28

Award of Land in Lieu of Survey Costs

Section 474C1 Parish of Taupiri, of 69 acres, was awarded to the Crown in payment of all survey costs owing on the parent block, in January 1908.29 The owners were then left with Section 474C2 of 849 acres i rood io perches.

24 Land Purchase Officer Thames to Chief Land Purchase Officer, 4 March 1895, on cover sheet to file NLP 1895/106. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.3-4.

25 Chief Land Purchase Officer to Land Purchase Officer Thames, 9 March 1895, on cover sheet to file NLP 1895/106. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.3-4.

26 Land Purchase Officer Thames to Chief Land Purchase Officer, 19 March 1895, on cover sheet to file NLP 1895/106. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.3-4.

27 Chief Land Purchase Officer to Surveyor General, it April 1895, on cover sheet to file NLP 1895/106. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.3-4.

28 Surveyor General to Chief Land Purchase Officer, 17 April 1895, on cover sheet to file NLP 1895/106. Maori Affairs Head Office file MLP 1895/106. Supporting Papers #B96.3-4.

29 Auckland Minute Book 8 page 343. Supporting Papers #11.7.

27

HOE 0 TAINUI

CREATED 2 September 1890

Hauraki Minute Book 25 pages 90-102 AREA   Hoe o Tainui North i -

Hoe o Tainui North z - 830 acres Hoe o Tainui North 3 -

Hoe o Tainui North 4 - no acres Hoe o Tainui North 5 - moo acres Hoe o Tainui North 6 -

Hoe o Tainui South 1 - moo acres Hoe o Tainui South z - 1420 acres Hoe o Tainui South 3 - 3103 acres Hoe o Tainui South 4 -

PLAN   Hamilton Maori Land plan 6229

Hoe o Tainui was included in the proclamation notified in May 1878 that 200,000 acres known as the Piako Block was under negotiation for purchase by the Crown, on account of advances made on it.1

At this time Hoe o Tainui was also known as Whareroa Block.

In May 188o a group lead by Hohaia Ngahiwi, claiming to be the owners of Whareroa, sent a petition to the Governor asking that the proclamation be lifted as it related to Whareroa, because

they have already in ignorance of such Proclamation entered into arrangements for the leasing of the said land.

That your petitioners the owners of the said Block had obtained [in January 1880] special permission from the head of the Survey Department at Auckland to survey the said block ... and, in ignorance of such Proclamation as aforesaid and relying on the faith of such special permission, had with the approval in due form of the said head of the Survey Department entered into arrangements with a licensed surveyor [James Simms] for the survey of the said block, and such surveyor has been paid money on account of such survey, and that the survey was nearly completed when your petitioners the native owners of the said block to their great surprise for the first time heard of such Proclamation by the said surveyor receiving [in March 188o] from the said head of the Survey Department a notice [stating that because of the Proclamation the survey would be illegal].

That wholly apart from their desire to keep faith by completing the arrangements for leasing as aforesaid which had been entered into, and wholly apart from the great hardship to which your

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

28

Hauraki Plains District: Hoe o Tainui

petitioners have been exposed by reason of the stoppage of the said survey, your petitioners the native owners of the said block desire to so lease, being satisfied that such a course would be not only for their present good, but also for their ultimate benefit.2

The Assistant Surveyor General in Auckland explained that

The short history of this case is this. In September 1878 a survey application was received by me from Hohaia Ngahiwi and others with a request that a surveyor might be appointed to undertake the work. This was sent to the District Officer Mr Puckey for his recommendation as usual, and on its return recommended that Mr WA Graham was authorised to make the survey, who however appears not to have commenced it. On ro January 1880 I received a letter from Hohaia requesting me to authorise another surveyor as Mr Graham had not done the work. When Mr J Simms was authorised by carry it out, which ... to do until near its completion. On or about the 11th March last it was brought to my notice that the ... Block was included within the proclaimed boundaries of Piako, a fact I had not previously ... with, upon which I sent Mr simms the notice, a copy of which is appended [to the petition]. I am quite ... as I am as a rule most careful to see that none of the applications are so included. ...3

The Under Secretary of the Native Land Purchase Depai   fluent then recommended that

I think the survey should be allowed to be completed, and the Investigation of Title allowed. The natives signing this have not had advances of money. If the Court decides that those who have had money are owners, then the sale or lease of the land could be stopped.4

The Minister agreed, and the petitioners and the Chief Surveyor were informed.'

However it then emerged that the survey initiated by Hohaia Ngahiwi had caused tensions

with another group lead by Wini Kerei Te Whetuiti. They had asked that the survey be stopped back in March 1880. This was apparently because Hohaia's survey, being done for

"Ngatihua", was encroaching on the land of Wini Kerei's party at Whareroa, Te Kohatu and

Hangawera. Wini Kerei's party had been pleased that the surveyor Simms had been stopped by the Chief Surveyor's notice.' Frederick Whitaker had directed the Chief Surveyor to stop

the survey.? As a result of fresh lobbying by Whitaker in September 188o, the Chief Surveyor was instructed to not authorise the resumption of the survey.'

In the meantime Hohaia Ngahiwi's party wrote to the Government asking that the proclamation be lifted to allow the leasing arrangement to go ahead.9 Whitaker gave his

opinion.

2 Petition to Governor by Hohaia Ngahiwi and 9 others, undated (forwarded by Govemor to Premier, 14 May 1880). Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.912-924.

3 Assistant Surveyor General Auckland to Under Secretary Native Land Purchase Department, date not known, on cover sheet to file NLP 188o/317. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #874.908-911.

4 Under Secretary Native Land Purchase Department to Native Minister, 7 June 188o, on cover sheet to file NLP 1880/317. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.908-911.

5 Under Secretary Native Land Purchase Department to Hohaia Ngahiwi and others, 16 June 1880, on cover sheet to file NLP 1880/317, and Surveyor General to Chief Surveyor Auckland, 27 August 1880. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #874.908-9n.

6 Wini Kerei Te Whetuiti, Te Hoe o Tainui, to William Graham, 9 March 188o, and Wini Kerei Te Whetuiti and others, Te Hoe o Tainui, to J Sheehan and F Whitaker, 1z March 1880. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.902-9o3 and 899-901.

7 Telegram Chief Surveyor Auckland to F Whitaker, Wellington, 31 August 1880. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.897-898.

8 Telegram Surveyor General to Chief Surveyor Auckland, 2 September 1880. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.896.

9 Hohaia Ngahiwi and others to Native Minister, 24 July 188o and 6 October 1880. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.891-894 and 888-889.

29

THE HAURAKI TRIBAL LANDS-PART 4

I am of opinion that it would be very inexpedient to remove the proclamation. The Government have paid a large sum of money on the Piako Block, I believe about £17,000, and the matter should be dealt with as a whole. I think the time has arrived when this can be conveniently done, and should be attended to without delay.10

The Native Minister, Bryce, agreed.

In December 1882 Hohaia Ngahiwi asked again that the Proclamation be lifted over Whareroa, because the land of his people had never had advances paid on it.11 But he was told that until the advances were recovered, or until the Court awarded the Crown an equivalent in land, the Proclamation could not be lifted.12

Investigation of Title

When surveyed, Hoe o Tainui was given an area of 20,420 acres.13

During 1890 Hoe o Tainui was the subject of an extensive debate before and investigation by the Native Land Court.14 The two protagonists were Ngati Paoa and Ngati Haua, though larger forces were at work, as Ngati Haua were aligned with the Maori King, Tawhiao, and the Native Land Court was seen as representing the Crown's authority. The effect of the Court hearing, some 3 or 4 months long, was to place Ngati Paoa in heavy debt even before the costs of the survey of the partitions of the block were added in. This indebtedness was to be a constant factor in Ngati Paoa's dealings with the Crown over the next 10 years.

The Court gave its judgement in September 1890.

It is claimed by N' Hua that none of the N' Paoa hapu lived on this land until the year 1878, and that they came there then only by reason of the wish of Tarapipipi to have all N' Paoa collected together on his land, to enable them to carry out the regulations laid down by Tawhiao for the guidance of those tribes acknowledging his leadership. Many acts of proprietorship, both on this and the neighbouring land west of the confiscated boundary, which at one time formed part of the block before the Court, are asserted to have been made by the N' Hua, and continuous residence up to the tim of the Ngapuhi invasion about 182o is claimed; and also that after the battle of Taumatawiwi in 183o N' Hua returned to the land and occupied till a very recent period, even after the Waikato war; whilst the various settlements occupied, the cultivations used, the burial places of the dead, and many other marks of occupation are pointed out.

Piripi Whanatangi and others also, about the year 1878 on the occasion of the sale to the Government of the neighbouring block of Maukoro by N' Paoa, made a part survey of that part of the block which they claim, and were only induced to desist from completing it by Tiwai and Tukorehu, who persuaded them to leave the land under Tawhiao's mana, that is as a temporary residence for Tawhiao's adherents.

These statements are specifically denied by Wini Kerei [for Ngati Paoa], who states that [no conquest occurred in pre-European times]; that neither N' Hua or any other of the Waikato tribes ever lived on this land either before the Ngapuhi invasion or after it, except for a short

File note by F Whitaker, 12 November 1880, on cover sheet to file NLP 1880/679. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.885-887.

11 Hohaia Ngahiwi and others, Cambridge, to Native Minister, 4 December 1882. Maori Affairs Head Office file MLP 2892/8. Supporting Papers #B74.767-768.

12 Under Secretary Native Land Purchase Department to Hohaia Ngahiwi and others, Cambridge, io January 1883, on cover sheet to file NO 1883/34. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.768.

13 Hamilton Maori Land plan 622,9. Supporting Papers #N188.

14 Hauraki Minute Book 24 pages 76, 8o-86, 91-133, 137-160, 172-181, 185-198, 211-270, 272-331 and 339-382, and Hauraki Minute Book 25 pages 1-9,12, 22-73, 78 and 90-102.

30

Hauraki Plains District: Hoe o Tainui

time after the Waikato war when some refugees from Waikato were given a temporary shelter, but they were ultimately driven off because they desecrated the burial places, where it is now asserted their ancestors were lying but which were in reality the burial places of the ancestors of N' Tahuna and N' Te Hiko [hapu of Ngati Paoa], by digging gum there; that of the settlements and cultivations mentioned by Piripi Whanatangi some are in existence, others are not, many of those pointed out by Piripi are not at the places he points out but in other parts of the block, and that he only knows them by name and has no knowledge of the locality; that neither N' Hua no any of the Waikato tribes have lived on this block, nor on any part of the neighbouring land west of the confiscated land boundary, which at one time formed a part of this block. ...

With regard to Piripi's attempted survey after the death of Tarapipipi, had he persisted in going on with that survey he would have been killed.

Wini Kerei in support of his claim shows that from the time of Tauhakiri down to the present moment, when they—N' Tahuna, N' Hiko and the others—are actually residing on the block in large numbers, their occupation has never been broken. It is asserted and proved, as far as proof of such things can be had at this time, that even during the Ngapuhi invasion, when all Hauraki fled to Waikato, this land was never totally abandoned, an old chief Te Kuta with a few attendants remained, and, dying whilst the main body of the people were away, was buried on the land; that previous to the Ngapuhi invasion they occupied and cultivated, and after the return of the tribe from Horotiu they again settled on the land and have continued to reside there to the present day, With Kerei himself being a resident on the land since 1855; that when the feast to celebrate peace with Waikato was held at Matamata in 1842, the people of this land attended that gathering, bringing with them pigs and other produce from the land in dispute, and that up to the present time their ownership has never been seriously disputed.

It is plain enough from the nature of the two claims that one of them must be wrong. There is no question here of any intermingling of tribes on the same land. The occupation of one is incompatible with that of the other. The N' Hua claim that the boundary of their land runs from the Taiaha a Huakatoa at the southern end through certain named points to Tikapu at the northern end, and that none of the hapus of N' Paoa ever owned west of that boundary, whilst the other side claim that the boundary between Waikato and Hauraki ran through Moerangi considerably to the west of this block, and that none of the Waikato tribes ever owned east of that boundary.

We have carefully considered the evidence given on both sides, and are of opinion that whilst that in support of the claims of N' Tahuna, N' Te Hiko and the other hapus joined with them is clear, consistent and straight to the point throughout, giving a fair and unshaken account of the grounds of claim and the descent of everyone for whom the claim is made from the source on which the claim is grounded, displaying a minute and accurate knowldge of every part of the land and of every event connected with the ownership from the earliest times to the present, such as only the true owners could possess, the other side, N' Hua and their associated hapus, fail in all the points necessary to sustain their claim.

We therefore dismiss the claim of N' Hua and those others joined with them, and award the land to N' Tahuna, N' Te Hiko, N' Rauwhea, N' Ringatahi, N' Koura, N' Parengaherehere, and Te Matetokoroa, represented by Wini Kerei Te Whetuiti, who will hand into Court a list of the owners showing the relative interests it is proposed to allot to each.'5

In handing in lists of owners, Ngati Paoa first sought a division of the block into two parts, a Hoe o Tainui North block, which would be restricted, and a Hoe o Tainui South block, which would not be restricted. Each would then be subdivided further into:

— Hoe o Tainui North 1 (Hunui), to be awarded to Wini Kerei Te Whetuiti and Mihi Riki Tarapipipi of Ngati Tahunaraukawa,

15 Hauraki Minute Book 25 pages 9o-102. Supporting Papers #J3o.1-13.

31

THE HAURAKI TRIBAL LANDS-PART 4

•     Hoe o Tainui North 2 (Tatua o Pani), to be further subdivided once survey completed into three divisions, one for 8o owners of Te Mate Tokoroa, a second for 49 owners of Ngati Rauhea and 42 owners of Ngati Rauhea Kauahi, and a third for 58 owners of Ngati Parengaherehere,

•     Hoe o Tainui North 3 (Tirotiro), excluding two reserves named Tupare (too acres) and Waitawa a Urumotu (5 acres), 58 owners of Ngati Parengarenga

•     Hoe o Tainui North 4 (Kaipakari), to owners of Ngati Parengaherehere,

•     Hoe o Tainui North 5 (Toroanui), 17 owners of Ngati Ringatahi,

•     Hoe o Tainui North 6, 78 owners of Ngati Tahuna Raukawa,

•     Hoe o Tainui South 1 (Whareroa), 32 owners of Ngati Te Hiko,

•     Hoe o Tainui South 2 (Te Kohatu), Ngapare Paama, Kemo Horete and Pirihi Tomonui,

•     Hoe o Tainui South 3 (Te Riu o Hauraki), 44 owners (15 of Ngahuha,

20 of Te Mate Tokoroa, and 9 of Ngati Rauhea),

•     Hoe o Tainui South 4, 17 owners of Ngati Tahuna Raukawa.16

Peter Cheal, Ngati Paoa's surveyor, commented in November 1890 that

The Hoe o Tainui case, which was the first start in breaking up the Maori isolation, cost Mr Graham and myself in Court fees and advances to natives to fight the case £250, besides cost of surveys, for which there is little prospect of payment at present. Had this not been done, the Government areas would never have passed the Court.17

As promised, in June 1891 Hoe o Tainui North z was partitioned after survey into

Hoe o Tainui North 2A, 15o acres, Ngati Rauhea and Ngati Rauhea Kauahi, Hoe o Tainui North 2B, 500 acres, Te Matetokoroa,

Hoe o Tainui North 2C, 18o acres, Ngati Parengaherehere.18

That same month the reserves in Hoe o Tainui North 3 were defined and awarded by the Court,19 and Hoe o Tainui South 3 was partitioned into

Hoe o Tainui South 3A, 183 acres 2 roods, 9 owners of Ngati Rauhea, Hoe o Tainui South 3B, 1420 acres, 20 owners of Te Matetokoroa,

Hoe o Tainui South 3c, 15oo acres, is owners of Nga Huha o Tahuna Raukawa.2°

Purchase of Hoe o Tainui South 2 by the Crown

In May 1896 Gilbert Mair reported that

I have received a message from Pirihi Tomonui and Ngawhare, two out of the three owners, offering to sell the Hoe o Tainui South No z or Kowhatu block containing 1420 acres, at 7/6d an acre. The same natives also offer the adjoining block, Hoe o Tainui South No 1 or Te Whareroa containing 1200 acres, but state there are over 3o owners and they cannot say how many of these are willing to sell, but so far as the first block is concerned there is no difficulty.

16 Hauraki Minute Book 25 pages 146-159 and 162-169. Supporting Papers #J30.36-39 and 40-47.

17 PE Cheal, Authorised Surveyor, Auckland, to Chief Surveyor Auckland, 9 November I890. Lands and Survey Auckland file 681A.. Supporting Papers #EI.14.

18 Hauraki Minute Book 27 pages 255-257. Supporting Papers #132a0-12.

19 Hauraki Minute Book 27 pages 279-280. Supporting Papers #J32.19-2o.

20 Hauraki Minute Book 27 pages 280-285. Supporting Papers #J32.2o-25.

32

Hauraki Plains District: Hoe o Tainui

I believe the lower part of these blocks near Tauhei is good land, but the end running up to Hangawera trig station must be poor. I should think 6/- near about the right price.21

The Surveyor General however decided that 5/- an acre was the maximum that could be offered,22 and Mair was informed to purchase at this price.

In July 1896 Gilbert Mair purchased all the interests in Hoe o Tainui South 2 from its three owners for the Crown for £347-10-od (i.e. 5/- an acre).23

In purchasing the interest of Pirihi Tomonui, Mair had dealt with the administrators to his will, as Pirihi had died previously. Pirihi's will, which had been made in April 1891, was

proved in the Supreme Court in July 1894, and Whititera Tomonui and Ngawhare Paama had been appointed administrators.24 But the administrators had not registered in the Land

Registry Office the will and their letters of administration giving them the right to act for Pirihi's estate. Mair was asked to explain.

Not only is title not on Land Transfer register, but land is I am informed still unsurveyed. The proving of the will does not necessarily pass the estate, and you should not have dealt with the interest without instructions. With a knowledge of the Kuaotunu case, it is strange that you ventured to do so. ... I am afraid that a succession order will be necessary.25

In reply Mair explained that

I made all inquiries at Survey and N.L. Court offices as to liens and encumbrances. Then St Clair, Graham, and the solicitor who took out letters of administration, said that everything was clear. The survey was made by Graham himself, but he now explains the subdivision plan was lost by a Mr Otway, but as all the work was properly carried out on the ground in accordance with decision of N.L. Court, he will give new plan at once free of all cost. Any other omissions I can soon fix up, even if the land is not under Land Transfer, as the administrators are son and nephew of deceased and absolutely next of kin.26

One week later Mair reported that

Have sent in application for succession to Pirihi Tomonui. Graham's assistant who made survey under his orders is now preparing plans which Graham assures me will be ready in a few days.27

Succession was granted by the Court in August 1897. Once the survey plan had been completed and approved, it was then possible to register the transfer to the Crown.

Hoe o Tainui South 2 was declared Crown Land in October 1897.28

21 Land Purchase Officer Thames to Chief Land Purchase Officer, 4 May 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers

22 Surveyor General to Chief Land Purchase Officer, 14 May 1896, on cover sheet to file NLP 1896/132. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.2.

23 Auckland Deed zo5z. Supporting Papers #A273. Hamilton Land Registry Transfer 18834. Supporting Papers #Q57.

24 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 24 July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #B1ra.3-7.

25 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 16 July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.8-9.

26 Land Purchase Officer Thames to Chief Land Purchase Officer, zo July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #B112.10-12.

27 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, z8 July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.13.

28 New Zealand Gazette 1897 pages 1747-1749. Supporting Papers itvv3o.2-4.

33

THE HAURAKI TRIBAL LANDS-PART 4

Offer to Sell Hoe o Tainui South I

In September 1896 the solicitor for Graham, the surveyor, advised that the owners of Hoe o Tainui South I were willing to sell the block to the Crown. Mair advised that

The purchase of this particular block has not yet been authorised. Whareroa adjoins Hoe o Tainui No 2 lately purchased. It is better land and I doubt whether natives will sell at same price as given for the other block. There are about 30 owners.29

The Chief Surveyor in Auckland considered that 6/- an acre could be offered for it,3° but the Surveyor General did not agree.

I still feel doubtful about the character of this land, i.e. as to it being worth 6/- an acre. Try 4/- first."

Mair was asked to see what the owners thought of this offer.32

There was no immediate response. Then in March 1897 Oraiti Hape, writing on behalf of 16 owners of Hoe o Tainui South 1, offered to sell their interests to the Crown.33 Mair forwarded this offer to Wellington, adding that

You suggested offering them 4/- an acre, but we gave 5/- for No 2 and this is a better block, having been specially reserved from sale for themselves as a "kainga". They will take 5/- but not less.34

Later the same week Mair forwarded a further letter indicating that 23 owners were willing to sell.35

But the Surveyor General was unmoved, and Mair was not authorised to offer any more than 4/- an acre.36 As a result there was no purchase of Hoe o Tainui South I by the Crown.

Purchase of Hoe o Tainui South 3 Subdivisions by the Crown

In February 1895 Gilbert Mair received a letter from Ngatipaoa of Hoe o Tainui offering Hoe o Tainui South 3c (also known as Nga Huha o Tahuna Raukawa) to the Crown for io/- an acre "to provide money for our debts (i.e. passing our land through the Court)".37 When forwarding this offer to Wellington, Mair noted that

29 Land Purchase Officer Thames to Chief Land Purchase Officer, 9 September 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #Briza4.

3° Chief Surveyor Auckland to Surveyor General, 23 October 1896, on cover sheet to file NLP 1896/251. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13n2.15.

31 Surveyor General to Chief Land Purchase Officer, 29 December 1896, on cover sheet to file NLP 1896/251. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #B112.15.

32 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 3o December 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #Buz.I6.

33 Oraiti Hape, Tauhei, to Land Purchase Officer Thames, March 1897, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, io April 1897. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #11112.17-18.

34 Land Purchase Officer Thames to Chief Land Purchase Officer, Io April 1897. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.17-18.

35 Kariaruhe and 22 others, Tauhei, to Land Purchase Officer Thames, 13 April 1897. Maori Affairs Head Office file MLPR

1\_97/4. Supporting Papers #Bn2.19-22.

36 Chief Land Purchase Officer to Land Purchase Officer Thames, 24 April 1897, attached to cover sheet to file NLP 1897/84. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #B112.23.

37 Ngati Paoa of Te Hoe o Tainui to Land Purchase Officer Thames, i8 February 1895, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 18 February 1895. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #13127.1-2.

34

Hauraki Plains District: Hoe o Tainui

I have been over the lower part of this block. It runs up from the Piako River to the Hungawera Range on the south side of Willis' Grant. The portion I have been over contains some fairly good land, worth 6/- an acre."

The Surveyor General recommended that

This land adjoins Crown Land apparently and therefore is of more value on that account. It is worth while to give 5/- an acre for it."

Purchase at this price was approved by the Minister of Lands in March 1895.4° In February 1896 Mair telegraphed to Wellington from Miranda that

Hoe o Tainui has assembled here to discuss sale to Crown. They accept price offered for the Maukoro blocks, namely six shillings, and ask that same price be given for Willis' Grant and Ngahuha blocks. These four pieces would make one continuous block with frontage to Piako River. The two latter being almost level land are quite worth 6/- an acre. I think this offer should be accepted as it will be a good start to secure these lands. The rest can be got later on.41

But he was told that the offer of 5/- an acre could not be exceeded, as this was the price

offered for the Ngarua block.42

Mair replied that

Ngatipaoa now offer to sell two other blocks, viz Te Riu o Hauraki, and Rata or Hoe o Tainui South 3A. Te Riu o Hauraki is also called Hoe o Tainui South 3B, 1420 acres. These two blocks join two already under offer, viz Ngahuha o Tahuna and Willis' Grant, and if purchased would make one continuous estate from Maukoro right up to the settled lands near Morrinsville. Willis' Grant, Te Riu o Hauraki and Ngahuha are all fair land, almost level, covered with flax and titree, situated on the west bank of the Piako River opposite the Whanake blocks and eminently adapted for immediate settlement. They are better lands than either of the Maukoro blocks for which I was instructed to pay 7/6d an acre, but am now purchasing at 6/-. If I could offer 6/- for these, all the natives would sell at once, as they want money to pay off their debts to Graham and Cheal. Seeing that this land is all ploughable, that steamers come right along its boundary, I take the liberty of suggesting that the price be raised from 5/- to 6/- per acre.43

He added three days later that

There are only a few names in each of these blocks [Hoe o Tainui South 3A, 3B and 3c]. I have already had claims for succession to all deceased grantees advertised, so the purchases can be carried out quickly if approved.44

38 Land Purchase Officer Thames to Chief Land Purchase Officer, 18 February 1895. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B1z7.i-z.

39 Surveyor General to Chief Land Purchase Officer, z March 1895, on cover sheet to file NLP 1895/104. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B127.3.

40 File note by Minister of Lands, 8 March 1895, on cover sheet to file NLP 1895/104. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B127.3.

41 Telegram Land Purchase Officer, Miranda, to Chief Land Purchase Officer, 1 February 1896. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #13127.4-6.

42 Telegram Chief Land Purchase Officer to Land Purchase Officer, Miranda, 1 February 1896. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B127.7.

43 Land Purchase Officer Thames to Chief Land Purchase Officer, zo March 1896. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #13127.8-9.

44 Land Purchase Officer Thames to Chief Land Purchase Officer, 23 March 1896. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #13127.10-11.

35

THE HAURAKI TRIBAL LANDS-PART 4

On the basis of this information the Surveyor General recommended, and the Minister of Lands approved in April 1896, the purchase of Hoe o Tainui South 3A and 3B at 6/- an acre.45 Earlier that month Pohutuhutu Te Harare and 13 others had replied to Mair's written offer to purchase Willis' Grant and the Hoe o Tainui South 3 subdivisions for 5/- an acre.

We are indeed very sad at the smallness of these prices, for these particular blocks are all good land, all level with no bad portions, and situated right on the banks of the Piako River, and covered with titree and flax. These lands are indeed much better than either of the Maukoro blocks for which 6/- an acre is being given. We are opposed to selling land and only offer these blocks for the purpose of paying off our debts and survey liens. Could we sell these lands to outsiders, they would bring, perhaps, £1 an acre. Wherefore we pray that the Government will further consider these circumstances and show us some kindness by giving us one shilling an acre more.46

Mair asked for permission to offer 6/- an acre for Willis' Grant and Hoe o Tainui South 3C. He added that

From its position and general quality, I consider Willis' Block the best and most important to acquire.47

The Surveyor General recommended, and in June 1896 the Minister of Lands approved, an increase to 6/- an acre."

Between May 1896 and March 1897 Gilbert Mair purchased shareholdings in Hoe o Tainui South 3A for the Crown.49

Between January and April 1897 Gilbert Mair purchased shareholdings in Hoe o Tainui South 3B for the Crown.50

Between March and July 1897 Gilbert Mair purchased a number of shareholdings in Hoe o Tainui South 3C for the Crown." The one remaining shareholding was purchased in November 1897, shortly before the Native Land Court considered an application to define the Crown's interests. The Court ordered that the Crown was entitled to the whole block.52

Te Hoe o Tainui South 3A and 3B were declared Crown Land in October 1897,53 while Te Hoe o Tainui South 3C was declared Crown Land in July 1898.54

45 Surveyor General to Chief Land Purchase Officer, undated, and Chief Land Purchase Officer to Minister of Lands, II April 1896, approved by Minister of Lands, 14 April 1896, on cover sheet to file NLP 1896/98. Maori Affairs Head Office file MLP 1898/186. Supporting Papaers #13127.12-13.

46 Pohutuhutu Te Harare and 13 others, Te Hoe o Tainui, to Land Purchase Officer Thames, 4 April 1896, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 16 April 1896. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B127.14-17.

47 Land Purchase Officer Thames to Chief Land Purchase Officer, 16 April 1896. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B127.14-17.

48 File note by Minister of Lands, r June 1896, on cover sheet to file NLP 1896/112. Maori Affairs Head Office file MLP 1898/186. Supporting Papers #B127.18.

49 Auckland Deed 2053. Supporting Papers #A274.

5° Auckland Deed 2054. Supporting Papers #A275.

51 Auckland Deed 3042. Supporting Papers #A291.

52 Hauraki Minute Book 46 page 16o. Supporting Papers #153.1. Order of the Court, 20 November 1897. Copy attached to Auckland Deed 3042. Supporting Papers #Az91.

53 New Zealand Gazette 1897 pages 1747-1749. Supporting Papers #w3o.2-4.

54 New Zealand Gazette 1898 pages 1251-1254. Supporting Papers #w31.1-4.

36

•

Hauraki Plains District: Hoe o Tainui

Purchase of Hoe o Tainui South 4BIA by the Crown

By partition in 1905 Hoe o Tainui South 4B1 of 367 acres 2 roods had been created.55 Mackay purchased the interests of 4 owners in Hoe o Tainui South 4B1 for the Crown in July and August 1907.56 The price paid was on the basis that the block as a whole was worth 101-1-3d (i.e. 5/6d an acre). The Crown then applied to the Native Land Court to have its interest in the block defined. In November 1907 the Court placed all of the Crown's interest in Hoe o Tainui South 4BIA of 86 acres 1 rood, leaving the non-sellers with Hoe o Tainui South 4BIB of z8i acres i rood.57

Hoe o Tainui South 4B1A was declared Crown Land in March 1908.58

Purchase of Hoe o Tainui South 4B2 by the Crown

By partition in 1905 Hoe o Tainui South 4B2 of 1575 acres 2 roods had been created.59 James Mackay purchased interests in Hoe o Tainui South 4B2 for the Crown between July and November 1907.60 The price paid was £433-5-3d (i.e. 5/6d an acre).

At a Court hearing in November 1907 Mackay explained that the majority of the shares in the block had been purchased, and it was intended to take the land by Proclamation; as result there was no need for the Court to consider an application to define the Crown's interest, and the application which had been lodged was withdrawn." However in October 1908 a fresh application by the Crown was heard. All the interests in the block had been purchased, but no Proclamation had been issued. The Court ordered the block in the name of the Crown.62

Hoe o Tainui South 4B2 was declared Crown Land in August 1909.63

Purchase of Interests in Hoe o Tainui South 4BIB

In about August 1911Poukai Haku, one of the owners of Hoe o Tainui South 4, advised that the owners wished to sell the block to the Crown for its Government Valuation." The Native Land Purchase Board agreed that a meeting of owners should be called to consider selling the block to the Crown.65 Because Hoe o Tainui South 4 had been partitioned, it was felt that the correct block to which the Crown's direction should be addressed was Hoe o Tainui South 4B1B.66 However two attempts to hold a meeting in April and May 1912 failed to produce a quorum,67 and the matter lapsed.

55 Hauraki Minute Book 54 pages 170-171.

56 Auckland Deed 3623. Supporting Papers #A328.

57 Hauraki Minute Book 58 page 10. Supporting Papers #J65.3.

58 New Zealand Gazette 1908 page 888. Supporting Papers #w4r.i.

59 Hauraki Minute Book 54 pages 170-171.

60 Auckland Deed 3839. Supporting Papers #A356.

61 Hauraki Minute Book 58 page ro. Supporting Papers #J65.3.

62 Hauraki Minute Book 59 page 97. Supporting Papers #J66.9.

63 New Zealand Gazette 1909 page zo65. Supporting Papers #w42.4.

64 President Waikato-Maniapoto District Maori Land Board to Under Secretary Native Department, 23 August 1911. Maori Affairs Head Office file MLP 1911/59. Supporting Papers #B160.1.

65 Resolution of Native Land Purchase Board, 16 October 1911, referred to on cover sheet to file NLP 1911/59, and Under Secretary Native Department to President Waikato-Maniapoto District Maori Land Board, 27 March 1912. Maori Affairs Head Office file MLP 1911/59. Supporting Papers #B160.7 and 2-4.

66 President Waikato-Maniapoto District Maori Land Board to Under Secretary Native Department, 15 April 1912. Maori Affairs Head Office file MLP 1911/59. Supporting Papers #B160.5.

67 President Waikato-Maniapoto District Maori Land Board to Under Secretary Native Department, 24 May 1912. Maori Affairs Head Office file MLP 1911/59. Supporting Papers #B160.6.

37

THE HAURAKI TRIBAL LANDS—PART 4

In November 1921 Bain Hogg offered to sell his interest in Hoe o Tainui South 4, which he said represented approximately 34 acres, to the Crown." It transpired that he was a shareholder in Hoe o Tainui South 4B1B.

The Lands and Survey Department was asked if it was interested in acquiring the block." A Crown Lands Ranger reported in May 1922 that

I have inspected the land in the above locality.

I was unable to locate the actual boundaries of the ... section, but as C.L. surrounding it is of the same quality, I am in a position to pass an opinion as regards the uses to which the block could be put.

The section is only suitable for tree-planting, now growing fern and stunted manuka. The soil is of poor quality, being a light clay gum-bearing soil. Ploughable but could not be profitably worked.

I consider 7/6 per acre to be the value of this block, but if settlement or afforestation is contemplated on the C.L. surrounding the section, I would consider it advisable to pay up to 10/- per acre if necessary to acquire it, as a Native owned section perhaps would be detrimenta1.70

In forwarding this report to Wellington in May 1922, the Chief Surveyor Auckland stated that

I do not consider it advisable to purchase this block, as it would be of no practical use for settlement purposes!'

The Native Land Purchase Board then decided to take no further action to purchase the block.72

However by January 1923 the Chief Surveyor had changed his mind.

The area of Crown Land surrounding the above section has been subdivided, and the above block lies into the subdivision scheme in such a manner as to prevent a satisfactory boundary between two of the sections, and on this account I consider it advisable to purchase the block at a price not exceeding io/- per acre.

The Government Valuation, dated 1917, is 150. There are no improvements.73

Hogg was still prepared to sell his interest in the block, as were his two sisters.74 The Government Valuation for the block as a whole was £150,75 which Hogg and his sisters   • accepted!' The land purchase officer was instructed to acquire these interests in March

68 Bain Hogg, Waihi, to Under Secretary Native Department, 2 November 1921. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.1-2.

69 Under Secretary Native Department to Under Secretary for Lands, 8 February 1922. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.3.

70 Crown Lands Ranger Blackburn, Hamilton, to Commissioner of Crown Lands Auckland, 14 May 1922, attached to Chief Surveyor Auckland to Under Secretary for Lands, 23 May 1922. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.4-5.

71 Chief Surveyor Auckland to Under Secretary for Lands, 23 May 1922. Maori Affairs Head Office file MLP 1921175. Supporting Papers #B176.4-5.

72 Resolution of Native Land Purchase Board, 19 June 1922, referred to on cover sheet to file NLP 1921/75. Maori Affairs Head Office file MLP 1921/75. Supporting Papaers #B176.21.

73 Chief Surveyor Auckland to Under Secretary for Lands, 18 January 1923. Lands and Survey Head Office file 7/553. Supporting Papers #D17a.1.

74 Bain Hogg, Waihi, to Under Secretary Native Department, 22 February 1923. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.8.

75 Under Secretary Native Department to Bain Hogg, Waihi, 14 February 1923. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.7.

76 Bain Hogg, Waihi, to Under Secretary Native Department, 22 February 1923 and 9 March 1923. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.8 and 9.

38

Hauraki Plains District: Hoe o Tainui

1923,77 and the Native Land Purchase Board in June 1923 retrospectively approved the purchase of the block at its Government Valuation.78

Purchasing commenced in March 1923.79 By July 1923 "interests representing 44-16-6d out of a total of 150 have been acquired".8° The land purchase officer reported that "I am certain the

whole block can be purchased within a reasonable time"." In October 1923 he explained that

One of the remaining owners, Hemi Watana Hogg, is now in America. His sister has written to him for instructions re selling. The others are in the back blocks at Kawhia. When the roads improve, I will look them up."

Purchasing continued, and by June 1927 only two owners had not sold to the Crown.

You will notice that Tira Horomona ... has sold her interest to J Bond on II October 1916, the sale of the share has been confirmed by the Board. Besides this, there is only one more to get (Te Kawa Te Harare), a hard person to locate.

Will you please direct how I am to treat Tira Horomona's interest.83

The Lands and Survey Department was asked how it wanted to proceed, and the Commissioner of Crown Lands in reply considered that

It is not desired that a partition of the Crown's interest be made, as there is no use for the land at present, and by postponing partition an opportunity may be afforded the Crown of purchasing the outstanding interest, and also of acquiring the European interest at a satisfactory price, if at a later date it is deemed expedient to do so.84

The following month the Land Purchase Officer purchased Te Kiwa Te Harare's interest." In

June 1928 Bond's interest in the block, by then owned by Lilian Smith, was acquired." A total of 180-5-9d had been spent to purchase the block.87

Hoe o Tainui South 4B1B was declared Crown Land in August 1928.88

77 Under Secretary Native Department to Land Purchase Officer Auckland, 9 March 1923. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.10.

78 Resolution of Native Land Purchase Board, 8 June 1923, referred to on cover sheet to file NLP 1921/75. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.21.

79 Auckland Deed 4693. Supporting Papers #A393.

80 Under Secretary Native Department to Under Secretary for Lands, 20 July 1923. Maori Affairs Head Office file 2922/75. Supporting Papers #B176.11.

81 Land Purchase Officer Auckland to Under Secretary Native Department, 24 July 1923. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.12.

82 Land Purchase Officer Auckland to Under Secretary Native Department, 18 October 1923. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.13.

83 Land Purchase Officer Auckland to Under Secretary Native Department, 30 June 1927. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.14-15.

84 Commissioner of Crown Lands Auckland to Under Secretary for Lands, 21 July 1927, attached to Under Secretary for Lands to Under Secretary Native Department, 26 July 1927. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.16-17.

85 Land Purchase Officer Auckland to Under Secretary Native Department, 26 August 1927. Maori Affairs Head Office file MLP 1921/75. Supporting Papers #B176.18.

86 Land Purchase Officer Auckland to Under Secretary Native Department, 2 May 1928. Maori Affairs Head
Office file MLP 1921/75. Supporting Papers #B176.19. Auckland Deed 4693. Supporting Papers #A393.

87 Under Secretary Native Department to Under Secretary for Lands, 8 August 1928. Maori Affairs Head Office file MLP 1922/75. Supporting Papers #B20.

88 New Zealand Gazette 1928 page 2308. Supporting Papers #w6o.7. Auckland Deed 4693. Supporting Papers #A393.

39

THE HAURAKI TRIBAL LANDS-PART 4

Purchase of Interests in Hoe o Tainui North 3 by the Crown

Peter Cheal had been the most active surveyor on the Piako lands during the early 1890's, and had worked in partnership with William Graham. Both had the confidence of Ngati Paoa (see the section of this evidence concerning the Piako block). Commencing in 1890 with a topographical survey of the "Piako Delta", which covered the whole of the plains from the coast as far south as Morrinsville,89 Cheal had then surveyed a large number of the blocks which Ngati Paoa then took through the Native Land Court. At an early stage Cheal was worried about how he would be paid. In a letter to the Native Minister in April 1891, he wrote

Referring to our conversation re the Native Lands in the Piako Block which are not yet through

the Native Land Court, and my utter inability to undertake any more extensive surveys with

simply a lien as payment and an indefinite time for a final settlement, I suggested that the

Government take over my liens and pay for the surveys. You stated your reasons for not being

able to advance monies for such purposes, but expressed willingness to take any land which may

be offered me as payment for survey charges by the Natives.

Cheal sought the intervention of the Government to persuade Ngati Paoa to set aside a block

of land to pay for all survey and other Court costs,90 But the Minister was advised that

One practical and serious difficulty in the way of Mr Cheal's proposal is that the agreement would not be made with ascertained owners, and the owners when ascertained might repudiate it. Charges might also be bought that the Court or Government were prejudiced in favour of the natives with whom the agreement was made. If Mr Cheal is not prepared to go on with the work on his own responsibility and take the chance of recovering his money when the Crown is in a position to purchase the land with a good title, the matter had better stand over until the new Native Land Court Bill which deals with the survey question becomes law.91

The Minister then instructed that

As the session of Parliament is so close at hand, tell Mr Cheal the matter must remain in

abeyance until the question of future legislation on Native matters has been decided upon.92

A Supreme Court Judgement was issued in January 1896 in favour of Graham and Cheal, and charged Ngati Paoa's interests in 13 blocks of land" with a total of L2796-15-2,d for survey costs (£2597-10-4d), interest (£62-15-10d) and other costs (£136-9-0d).94

In June 1897 Erueti Tumakere and others of Ngati Paoa offered Hoe o Tainui North 3 of 1390 acres to the Crown at 7/- an acre.

This is a block we intended to retain for ourselves and our children, but we have not yet been able to pay off the whole of the judgement of the Supreme Court and will shortly be arrested.95

89 Hamilton Maori Land plans 5934C and 5934D. Supporting Papers #N184.

90 PE Cheal, Auckland, to Native Minister, 10 April 1891. Maori Affairs Head Office file MLP 1892/8. Supporting Papers

91 Under Secretary Native Department to Native Minister, 24 April 1891, on cover sheet to file NLP 1891/60. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.35-36.

92 File note by Native Minister, 25 April 1891, on cover sheet to file NLP 1891/60. Maori Affairs Head Office file MLP 1892/8. Supporting Papers #B74.35-36.

93 Maukoro 1 and 2, Willis' Grant, Takapau Rerekau, Tauwhare, Ohinearei, Te Whanake, Takapau, Paetoki, Kaikupunga, Te Huehue, Te Rangitahoe and Riwai or Te Ripe.

94 Copy of Judgement 3370, 7 January 1896, attached to Judge Gill, Auckland, to Chief Land Purchase Officer, 12 January 1901. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.24-25.

" Erueti Tumakere and 5 others, Hoe o Tainui, to Land Purchase Officer Thames, 5 June 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.1-3.

40

Hauraki Plains District: Hoe o Tainui

When forwarding the offer to Wellington, Mair added that

They ask 7/- an acre as they consider it much better than Maukoro Nos 1 and 2 which it joins on the east, and Hapuakohe on the west. The only reason they wish to sell it is because they are being pressed to pay a balance of £400 judgment of the Supreme Court, and must find this money by the 1st August. I consider the land worth 6/- an acre and am sure they will take that. There are 58 grantees, all of whom live here and will sign at once."

But the Surveyor General felt that 3/6d should be the limit of any Crown offer.97 Mair was advised this, with the additional remark that "I suppose that ends the matter".98

Pohutuhutu Te Ihurare, the principal chief of Ngati Paoa at Hoe o Tainui,99 then wrote to the Native Minister on behalf of Ngati Paoa.

The reply of the Government has arrived that only 3/6d an acre will be offered for Tirotiro block. This price is too little. We have paid more than that for the costs of survey and putting land through Court. Why was 6/- an acre given for Maukoro, for land not equal to this in quality. We intended to keep the land, but as we are on the verge of being had up by Graham and Cheal, therefore we consent to sell. Add sixpence to the price and make it 4/- an acre, then our debts will be paid. Reply quickly.100

Mair added his comments on the situation.

Graham and Cheal are pressing the Ngatipaoa and if the latter do not pay up £200, the balance of a judgement for £3000 obtained against them in the Supreme Court, by the 1st August, a further sum of £150 will be added to their debt. They have therefore decided to accept the price offered for Tirotiro. It really is a much better block than Maukoro and well worth purchasing at the price. If you will please telegraph approval, I can obtain most of the signatures before end of the month and thus enable the natives to pay off the £200.101

Apparently Ngati Paoa had had a meeting with Graham and Cheal, and their solicitor,

at Morrinsville at some earlier date. It is not clear how much of the debt (including interest continuing to be added to it) had been paid off by that meeting (one report refers to

L588-11-9d still owing102), but the upshot of the meeting was an agreement that £200 was still owing. Interest would be applied to that amount if it was left unpaid.

But before Mair's letter was received in Wellington, an increase in the price to 4/- an acre had

been agreed to, and Mair was notified.103 When his letter was received, Mair was contacted again.

96 Land Purchase Officer Thames to Chief Land Purchase Officer, 5 June 1897, on Erueti Tumakere and

5 others, Hoe o Tainui, to Land Purchase Officer Thames, 5 June 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.1-3.

97 Surveyor General to Chief Land Purchase Officer, 5 July 1897, on cover sheet to file NLP 1897/122. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.4.

98 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 8 July 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.5.

99 Land Purchase Officer Otorohanga to Chief Land Purchase Officer, 4 August 1900. Maori Affairs Head Office file MLP 1900/43. Supporting Papers #B138.4.

100 Pohutuhutu Te Ihurere, Morewa, to Native Minister, 14 July 1897. Maori Affairs Head Office file MLP 2902/68. Supporting Papers #B150.6.

101 Land Purchase Officer Thames to Chief Land Purchase Officer, 20 July 1897. Maori Affairs Head Office

file MLP 1902/68. Supporting Papers #B150.7.

102 PE Cheal, Auckland, to Judge Gill, Native Land Court Auckland, 12 January 1901, in Judge Gill's papers. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.82-112 at 88-90.

103 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 21 July 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.8.

41

THE HAURAKI TRIBAL LANDS-PART 4

You have not under the circumstances I hope notified contents of my telegram of zest or taken any action upon it. Purchase can proceed at price fixed by Surveyor General unless you have given us away on telegram of 21st inst.104

In early August 1897 Mair reported that

I did not of course inform the natives of your instructions to give as high as 4/- an acre, and their necessities are so urgent that they will accept the price originally offered, viz, 3/6d. Of course they cannot understand why a better block should only fetch about half what was paid for Maukoro No z, but that is neither here nor there. The owners have asked me to pay them at Hoe o Tainui as a number are old people and cannot travel. I do not know who to get as attending officer. Can you suggest anyone?105

Two days later Mair wrote to Wellington again.

I have been unable to get a list of the owners as the Land Court file, having been sent to Judge Scannell at Hastings, has been lost in the Tasmania. There is no other record of the title in Auckland and by some strange blunder no list of names was entered in the minute books when the land originally passed the Court, though the owners for all the other numerous Hoe o Tainui subdivisions appear in the one book. Can you supply me with a list? I thought perhaps you might have obtained a copy. The natives are very anxious to complete sale.106

The matter appears to have dragged on through to 1899 without a deed being completed, but

also without Graham and Cheal increasing the amount owed them beyond the kzoo they had sought prior to r August 1897. In April 1899 the Chief Land Purchase Officer asked Cheal to

release any lien he had over Hoe o Tainui North 3.107 Cheal replied explaining that his lien was

over Hoe o Tainui block as a whole rather than any of its subdivisions. Hoe o Tainui North 3 was unsurveyed.

The native owners owe Graham and Cheal some £170 as balance of Piako judgement and it appears to me that they are trying to shuffle out of paying it. ...

The Tirotiro block was set apart to pay this balance the natives want to shuffle out of paying. This is what I meant by Captain Mair conserving our interests. If Captain Mair gets the whole of the monies due from the natives, the next time Mr Buddle [his solicitor] goes up to receive our monies I will hand my whole lien of £275 to the Survey Department to hold, and guarantee to release the whole lien as soon as the whole money is collected. If the natives do not agree to this, I shall take action to recover the whole of the lien by selling up the whole of the Hoe o Tainui block. I have given them plenty of time since 1889.108

Cheal's letter was sent to Mair, and he was asked to

Be good enough to at once supply me with a statement showing how the payments already made on Tirotiro have been disposed of, (1) as to what amounts have been retained by or returned to you on accrual by Graham and Cheal, (2) amounts retained or returned of survey lien, and (3) balance received by each native.

I hope that you have not brought any pressure on the natives to recognise Graham and Cheal's claims, and that you have not taken any steps to conserve their interests.

104 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 24 July 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.9.

105 Land Purchase Officer Thames to Chief Land Purchase Officer, 2 August 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.9.

106 Land Purchase Officer Thames to Chief Land Purchase Officer, 4 August 1897. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.10.

107 Telegram Chief Land Purchase Officer to PE Cheal, Auckland, 14. April 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #BI50.11-12.

108 PE Cheal, Auckland, to Chief Land Purchase Officer, 16 April 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.13-14.

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Hauraki Plains District: Hoe o Tainui

The Survey Department will on application compute for you the proportion of the general lien and interest chargeable on Tirotiro, that is the only amount which it is your duty to recover. Mr Cheal is not in the very strong position he imagines. I asked you before not to act as a debt collector for Graham or any other person.109

Mair replied that

I had already applied to the Chief Surveyor to apportion over the whole of the Hoe o Tainui blocks the amount of survey lien, though I have been informed that such survey lien was included in the sum of £2886 for which Graham and Cheal obtained a judgement in the Supreme Court in 1895, and of which sum only about £m is now due and unpaid. I have been too often misrepresented by Messrs Graham and Cheal, to say nothing of the interminable trouble they have caused, to conserve their interests any longer or act as their debt collector, particularly in the face of your very clear warning in this matter. I have brought no pressure on the natives to recognise these claims, beyond advising them at a public meeting at Hoe o Tainui in 1895 to agree quickly with the Europeans as interest at the rate of 8% was being added year by year. When I commenced to purchase Tirotiro, Mr Buddle was present to collect the balance, then standing at £zoo. I paid each native his full share. Some, I believe, handed the whole amount to Mr Buddle, others gave up half, while some gave none at all, they having received receipts in full from Graham and Cheal out of former sales. I cannot remember the total sum collected by Mr Buddle on that occasion, but I heard, incidentally, that it was about £75. I do not know the names of those contributing, nor the sums they gave individually, but I took the precaution of seeing that Mr Buddle gave them a proper receipt freeing them from all further claims in respect of the Supreme Court judgement. Beyond this I did not interfere in any way between Graham and Cheal's agent and the natives.

It is true that the natives' sole reason in selling Tirotiro was to pay off the balance due to these rapacious pakehas, and judging from the manner in which many of the owners, who were under no obligation whatever, gave up their money to Mr Buddle, I say there has been no "shuffling" as stated by Mr Cheal.

More than a year ago Pohutuhutu Te Harare and Tumakere, two of the principal owners in Tirotiro, handed me £z4-5-8d which they had collected from the owners and begged me to keep this sum for them, pending a final settlement with Graham and Cheal. They stated if the money was left in their hands it would be frittered away. I placed the money in my trust account Bank of New South Wales here, where it still lies. The natives have since suggested handing this sum to Graham and Cheal, but finally decided to wait till the question of the survey lien is settled. If Mr Cheal is unreasonable and refuses to give up his so called lien over Tirotiro, the natives will apply this sum to pay off the proportion allocated on that block; it will be more than sufficient. I have already informed Mr Buddle of the circumstances under which the £24-5-8d was placed in my hands.11°

Graham and Cheal's method of operation was explained by Mair in a separate letter on another occasion.

Messrs Graham and Cheal appointed their own agent, generally Mr St Clair, who was present when the natives were being paid [for various blocks], changed their cheques which he received from their own hands [after payment by the land purchase officer], and paying back to each native so much as had been previously agreed upon between the parties. I interposed to the extent of insisting that a proper receipt was given for each sum so paid on account of Graham

109 Chief Land Purchase Officer to Land Purchase Officer Thames, 19 April 1899, on PE Cheal, Auckland, to Chief Land Purchase Officer, 16 April 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.13-14.

110 Land Purchase Officer Thames to Chief Land Purchase Officer, 24 April 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.15-16.

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THE HAURAKI TRIBAL LANDS—PART 4

and Cheal. These receipts were handed over to the principal chief, Pohutuhutu Te Harare, who I presume still holds them.111

In June 1899 a solicitor acting for some of the owners in Hoe o Tainui wrote to Mair that

the only liens granted for all work done to date [on Hoe o Tainui] were included together with interest in the sum for which Graham and Cheal obtained judgement against the natives in the Supreme Court in action No 3370. As you are aware the natives have paid off the greater portion of the claim, and I think you were present at Morrinsville obtaining signatures when Graham and Cheal met the natives and, after receiving certain moneys from the natives, admitted that the final balance due was £200, and that it was for the purpose of clearing off the balance of the judgement that the natives offered to sell Tirotiro to the Crown.

Beyond this amount and interest, less what they have paid out of Tirotiro money, Mr Cheal has no claim whatever against the natives. His lien is not registered, and should he attempt to carry out his threat of forcing a sale of the Hoe o Tainui block, I should on behalf of Pare Pumai, Hone Te Kuti and other principal owners of those lands take very prompt action to protect my clients' interests, as many of them hold valid receipts which show that they have paid in full every claim in connection with the judgement and individually are released from all liability. The balance of the natives are anxious to complete the sale so as to obtain a similar release, and we shall then demand from Mr Cheal the surrender of his lien. Meanwhile I shall protect the natives from his taking action under it.112

This solicitor had apparently earlier represented Graham and Cheal (he was Graham's nephew), so presumably knew what he saying when arguing that they had little claim against the majority of the owners.113

Mair's comments on this letter were that

On 30th November 1893 the natives owning Hoe o Tainui blocks executed a Deed handing over certain lands as security for payment of a sum of.£1800, alleged to be due Graham and Cheal on that date, for surveys, interest at 8%, etc. These Europeans afterwards obtained a Supreme Court judgement for amount claimed £2597-10-4d, together with interest and further expenses, making a total of £2886, and, out of the proceeds of sale to Crown of Maukoro I and 2, the Delta [i.e. Te Whanake etc between the Piako and Waitoa Rivers] and other blocks, the natives, from time to time, paid off the greater part of their indebtedness, and at a final meeting, held at Morrinsville, Graham and Cheal and their solicitor Mr St Clair, receipts in full were executed by them and given to a number of the natives who had paid their full share of the above liability. The balance then found to be still due was £200 and the owners of Tirotiro immediately offered to sell Tirotiro block for the purpose of wiping off the £200. The loss of the NL Court files in the Tasmania caused a long delay, but finally the purchase was started early this year and the natives handed Mr Buddle, solicitor who appeared for Graham and Cheal, about £8o, leaving only about £120 due, and but for Mr Cheal's meddling I believe this sum would have been paid over ere this; but he never will let well alone. The natives all deny that he has any right to make a fresh charge of £275 on the Hoe o Tainui block and subdivisions. The whole of the survey charges were included in the sum of £1800 as set forth in the Deed made 30th November 1893. No surveys whatever were executed after that date. Very little dependence can be placed on Mr Cheal's statements. You will remember that a short while ago, he wrote sating the Land Purchase

Land Purchase Officer Otorohanga to Chief Land Purchase Officer, 14 August 1900. Maori Affairs Head Office file MLP 1900/43. Supporting Papers #B138.4.

112 John St Clair, Solicitor, Auckland, to Land Purchase Officer Thames, 3 June 1899, attached to Land Purchase Officer Thames to Chief Land Purchase Officer, 6 June 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.17-19.

113 Land Purchase Officer Thames to Chief Land Purchase Officer, 6 June 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.17-19.

44

Hauraki Plains District: Hoe o Tainui

Department had refused to purchase unless he surrendered his survey liens. There is not the slightest foundation for such a statement.114

As a result the Chief Land Purchase Officer wrote to Cheal.

On the subject of the Charging Order in your favour for £293-8-11d filed in the Native Land Court in connection with the Hoe o Tainui blocks, I have the honour to request that you will be good enough to inform me whether the above amount is wholly covered by the Piako Judgement on which you state there is a balance of some £170 due, and whether, on recovery of the balance whatever it may be (Captain Mair says that it is about £120 but Mr Buddle will know), you will be prepared to release the whole lien of £293-8-11d or only so much of it as may be allocated against Hoe o Tainui South No 3.

I cannot under any circumstances allow Captain Mair to make any deductions from the payments to the natives on account of the Piako Judgement, if that is what I am to understand you mean by conserving your interests.115

Cheal replied that

The Charging Order for £293-8-11d is wholly covered by the Piako Judgement which made the natives jointly and severally liable. It covers also the past purchases in the Hoe o Tainui block. I am prepared to release the whole of the lien of £293-8-11d when the balance is paid, whether it is £120 or £170. There was over £200 due I believe, and only £70 of that, so far, has been paid, but Captain Mair may include some £30 that I understand for Mr Buddle that he has in hand and makes the balance not paid as £120. The Tirotiro block or Hoe o Tainui South No 3 was set apart by the natives to pay the balance on the Piako Judgement. I am perfectly willing to sign the release for the whole of the Hoe o Tainui block and place it in the hands of the Chief Surveyor here to hold until the tirotiro block is purchased and the natives have paid over the balance of monies due as a final settlement.116

Based on this reply, Mair was then instructed that

Tirotiro purchase can now proceed. Natives should arrange to pay off the balance of the Piako Judgement which will cancel the whole lien of £293 odd. The balance due on the Piako Judgement is I understand about £170, but Mr Buddle will know correct amount.117

Cheal was told that

I have instructed Captain Mair to proceed with Tirotiro purchase. It will be as well to let Mr Buddle hold the release of the liens until matter is settled. I am perfectly satisfied with your assurance that the right thing will be done when proper time arrives.118

At the beginning of 1901 an account of monies still owing to Graham and Cheal was provided. They had been owed £200 before the Hoe o Tainui South 3 purchase commenced.

A number of shareholdings were purchased in January 1899, and from the purchase monies £71-13-od was paid to Graham and Cheal, leaving as principal still owed £128-7-0d. Cheal

had informed Judge Gill of the Native Land Court that inclusion of the Charging Order for £293-8-11d over Hoe o Tainui in the Piako Judgement was in error, as the judgement referred

114 Land Purchase Officer Thames to Chief Land Purchase Officer, zz June 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.20.

115 Chief Land Purchase Officer to PE Cheal, Auckland, 14 July 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.21.

116 PE Cheal, Auckland, to Chief Land Purchase Officer, 18 July 1899. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.21.

117 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 22 July 1899. Maori Affairs

Head Office file MLP 1902/68. Supporting Papers #B150.22.

118 Telegram Chief Land Purchase Officer to PE Cheal, Auckland, 22 July 1899. Maori Affairs Head Office

file MLP 1902/68. Supporting Papers #B150.23.

45

•

THE HAURAKI TRIBAL LANDS—PART 4

to 13 different blocks but not to Hoe o Tainui and 12 other blocks,119 which Cheal had surveyed and had been granted survey liens for. He was however prepared to regard these

liens as included in the Piako Judgement if 5% interest was added to the principal, making a   -total potentially owing at 12 January 1901 of £181-3-8d.120 The Judge discussed the matter with Cheal, and reported that

On finding other blocks of Piako land surveyed by Mr Cheal were in a like position, apparently not covered by the Judgement although Survey [Lien] Certificates had been obtained, I requested Mr Cheal to let me have a schedule of all Native Land Court survey liens over Piako lands held by him, he promised this with a statement of accounts. On his handing me the Survey Certificates liens (originals), in reply to a question as to how these survey charges stood with regard to the Judgement, Mr Cheal admitted to me that the Supreme Court Judgement dated 7th January 1896 for £2796-15-2d in favour of Mr Graham and himself included all these liens, and that, on the sum mentioned by Messrs Buddle, Button and Co (£128-7-od ...) being paid, that he had no further claim on the Supreme Court order or over the survey liens handed to me. In reply to why, when the Judgement order was made, he did not surrender the Survey Lien Certificates, he replied "that they were held as security over the blocks of land should they be required", that is, that blocks of land other than those specially charged with the Judgement Order should also be a security.

All that is now required to set at rest this unfortunate Maori trouble is a statement of account in detail. I think that, had I this, the sum said to be due £128-7-od could be reduced as I believe that the account has been charged with sums that should rank only as between solicitor and client and charged wrongly to the natives.

On the sum owing being recognised as due, I would venture to suggest that the claim be paid by Government, the natives would I think be grateful if this can be done. I mean the money advanced only, there need be no fear of any loss of money over the transaction.121

Mair held £24-4-3d in his trust account, of which £21-4-3d had been given to him by

Pohutuhutu Te Harare, £3 by Erueti Tumakere and £1 by Pupuha Te Nahu.

Pohutuhutu I understand collected this money from amongst his family and asked me to hold it till instructed by him as to whom it was to be paid, and I gave him a stamped receipt to that effect. The four pounds received from Tumakere and Pupuha had no conditions attached but were simply contributions towards Graham and Cheal's claim.122

No action was taken on the suggestion that the Crown pay off the debt still owed to Graham and Cheal, nor, apparently, when in November 1901 Cheal threatened to activate his £293-8-11d survey lien over Hoe o Tainui and seek an award of land in payment for it.123 Cheal explained that his intention was

to bring the natives up very sharply, as they have broken faith with Mr Graham and myself. We let them off some £60 on the understanding that prompt payment of the balance of account be made. ... This debt has been due to years, so you may imagine my patience is exhausted in

119 Te Huehue, Te Muriopuhirua, Parowhakaoko, Puteahapahapai, Rangitahi, Te Paiwai or Te Ripo, Kaipukenga, Tauwharo, Toromiro, Wahine Rukuwai, Wharawhara and Te Whanoke.

120 PE Cheal, Auckland, to Judge Gill, Native Land Court Auckland, 10 January 1901, attached to Judge Gill to Chief Land Purchase Officer, 26 January 1901, Buddle, Button and Co, Banisters and Solicitors, Auckland, to PE Cheal, Auckland, to January 1901, and Judge Gill to Chief Land Purchase Officer, 12 January 1901. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150-26-33, 24, and 24-25.

121 Judge Gill, Native Land Court Auckland to Chief Land Purchase Officer, 26 January 1901. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.26-33.

122 Land Purchase Officer Thames to Chief Land Purchase Officer, 23 January 1901. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.34.

123 PE Cheal, Auckland, to Chief Land Purchase Officer, 28 November 1901. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.35-36.

46

Hauraki Plains District: Hoe a Tainui

waiting for the final payment. In asking for a piece of land to be cut off to pay costs, it may make the natives take immediate action in paying their debts. They have the money. Pohutuhutu and others who have the largest shares have played a low down game by slipping out of the Piako Judgement and letting the small men bear the onus of the debt. Under the judgement they were jointly and severally liable. It is a fortunate thing that the Hoe o Tainui block was not mentioned in the judgement, as I can now get at Mr Pohutuhutu and others and make them pay their fair share.124

However in July and August 1902 matters were reactivated, because Cheal had followed through on his threat and had forwarded an application to the Native Land Court in connection with his survey lien for £293-8-11d over Hoe o Tainui.125 Judge Gill of the Native Land Court, acting for the Crown, met with Graham and Cheal's solicitor, and agreed a number of changes to the amount owing, which reduced the principal and interest outstanding to £149\_8\_4126

I called on Mr Buddle who is acting for Messrs Graham and Cheal. He had previously written me. I found a desire to close the dispute on his part. When going over items I objected to expenses charged the natives, considering they were charges specially belonging to Graham and Cheal. Mr Buddle explained that these items had been allowed in a settlement before the matter was referred to him, but promised to look into them. I also objected to interest 6% being charged

as contrary to a former proposition of his. These objections of mine would reduce the amount £47-15-11d.

Knowing that Captain Mair had in hand a sum of £24-4-3d (he himself so informed me) handed to him by various natives to pay over to Graham and Cheal in reduction of the Piako Judgement, I asked Mr Buddle to write Captain Mair and request him to pay over to him as solicitor in the case this money. I enclose a copy of Captain Mair's reply to Mr Buddle, on receiving this I telegraphed Captain Mair, copy attached.

Mr Buddle is writing me on forwarding the copy of Captain Mair's reply to him, reduces the amount claimed by the items I objected to, the balance of the judgement account after the

payment by Captain Mair of the money in his hands will be £125-4-1d. A delay of the £24-4-3d being paid over may again cause trouble in the Maori mind.127

Mair had explained that he needed the authority of those people who had lodged the money with him before he could release it.128

In August 1902 Cheal's application came before the Court. Cheal then withdrew the application, noting that

I understand that Government intend to settle this and pay the balance of the money comprised

in the Supreme Court judgement. The cost of this survey was included in the judgement, but the land was not made subject.129

124 PE Cheal, Auckland, to Judge Gill, Native Land Court Auckland, 28 November 1901, in Judge Gill's papers. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.82-112 at 99.

125 Application for Charging Order, 22 November 1901. Maori Land Court Hamilton Block Orders file H1185. Supporting Papers #K77.1-2.

126 Buddle, Button and Co, Barristers and Solicitors, Auckland, to Judge Gill, Native Land Court Auckland, 16 August 1902, attached to Judge Gill to Chief Land Purchase Officer, 16 August 1902. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.37-43.

127 Judge Gill, Native Land Court Auckland, to Chief Land Purchase Officer, 16 August 1902. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.37-43.

128 Land Purchase Officer Thames to Buddle, Button and Co, Barristers and Solicitors, Auckland, 13 August 1902, attached to Judge Gill, Native Land Court Auckland, to Chief Land Purchase Officer, 16 August 1902. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.37-43.

129 Hauraki Minute Book 53 page 77. Supporting Papers #J6o.1.

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THE HAURAKI TRIBAL LANDS-PART 4

Mair wrote to Judge Gill the following day that

Mr Cheal stated to the Court yesterday that he had arranged with you for the Government to pay his survey lien over Te Hoe o Tainui 2000 acres block, viz, £293-8-11d, therefore he asked that the application be struck out, and it was dismissed accordingly.

I was ready to inform the Court that this sum had been included in and formed part of the mortgage on which Graham and Cheal obtained a judgement for £2936-4-3d in the Supreme Court, that he could not come into Court now and get this lien to be used against the natives a second time. However he wisely withdrew it so there was no need for me to say anything to the Court.

You will see by Pohutuhutu's letter that he refuses to allow the £24-4-3d to be paid over, as he claims to have some documents from Graham which show that he and his people are not further indebted. I have not seen these papers, so cannot say what they are.130

Pohutuhutu was emphatic that the money should be held in the trust account until the arrangement with Graham and Cheal had been completed, "then we will know definitely who is to receive that money".131

The Native Minister was asked to approve payment by the Crown, the note to him explaining that

The survey liens over lands in the Piako have got into an interminable muddle through a variety of causes, for which the surveyors are in a measure themselves responsible. The Land Purchase Department is possibly not altogether free from blame in the matter. However, the Crown has acquired nearly the whole of the lands affected by what is known as the "Supreme Court Judgement", and I therefore beg to recommend payment [to] Messrs Graham and Cheal of the sum of £149-8-4d as a full and final settlement of all claims in respect of lands affected in any way by that Judgement.132

The Minister gave his approval.

Graham and Cheal accepted £149-8-4d from the Crown in October 1902 and handed over all Survey Lien Certificates which they agreed formed a package with the Piako Judgement, including that for Hoe o Tainui.133

Between January 1899 and August 1902 Gilbert Mair purchased a number of shareholdings in Hoe o Tainui North 3 for the Crown.134

In September 1902 an application by the Crown to have its interests in the block defined was heard by the Court. The Court was told that the Crown had purchased 4341h out of 465 shares in the block. It agreed to award the Crown Hoe o Tainui North 3A of 1i26 acres.135 The II non-sellers were awarded Hoe o Tainui North 3B of 79 acres.

13/3 Land Purchase Officer Thames to Judge Gill, Native Land Court Auckland, 21 August 1902, in Judge

Gill's papers. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.82-112 at 111-112.

131 Pohutuhutu Te Harare, Te Hoe o Tainui, to Land Purchase Officer Thames, 18 August 19oz. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.44-46.

132 Chief Land Purchase Officer to Native Minister, 17 September 1902, on Buddle, Button and Co, Barristers and Solicitors, Auckland, to Judge Gill, Native Land Court Auckland, 12 September 1902. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.47-48.

133 Judge Gill, Native Land Court Auckland, to Chief Land Purchase Officer, 16 October 1902. Maori Affairs Head Office file MLP 1902/68. Supporting Papers #B150.49-81.

134 Auckland Deed 3530. Supporting Papers #A319.

135 Hauraki Minute Book 53 pages 178 and 239. Supporting Papers #160.10 and 24.

Order of the Court, 8 September 1902. Copy on Auckland Deed 3530. Supporting Papers #A319.   '

48

Hauraki Plains District: Hoe o Tainui

Hoe o Tainui North 3A was declared Crown Land in July 1903.136

With the Crown's purchase of Graham and Cheal's liens and judgement, the 424-4-3d in Mair's trust account then became potentially payable to the Crown. It is not clear if it was paid to the Crown.

A survey plan of Hoe o Tainui North 3A and 3B was prepared in November 1903.137

Award to the Crown of Land in Lieu of Survey Costs in Hoe o Tainui North 4, 5 and 6 Subdivisions

In January 1908 the Crown was awarded Hoe o Tainui North 4A1 and 4B1 of 29 acres, Hoe o Tainui North 5A North 1 of 133 acres, Hoe o Tainui North 5A South 1 of 46 acres, Hoe o Tainui North 5B1 of 55 acres, Hoe o Tainui North 6A1 of 11 acres 2 roods, and Hoe o Tainui North 6B1 of 11 acres 2 roods, on account of non-payment of survey costs.138 The areas awarded included an amount for the cost of defining by survey the land awarded to the Crown. The remainder of the parent blocks were awarded as follows:

Hoe o Tainui North 4A2   57 ac 1 r   5 owners

Hoe o Tainui North 4B2   33 ac 3 r   14 owners

Hoe o Tainui North 5A North 2 322 ac 3 r   10 owners

Hoe o Tainui North 5A South 2   172 acres   Parepumai Te Whetuiti solely

Hoe o Tainui North 5B2   271 acres   4 owners

Hoe o Tainui North 6A2   2085 ac 2 r   19 owners

Hoe o Tainui North 6B2   4385 ac 2 r   74 owners

In March 1972 Hoe o Tainui North 4A1 and 4B1, containing 29 acres, was declared to be Crown Land.139

Stout-Ngata Commission

The Stout Ngata Commission was told about land still in Maori ownership in 1908. It was told that Hoe o Tainui North 5A2 was leased or under negotiation for lease. It recommended, presumably at the request of the owners, that the following blocks be treated in the following manner:

Leased to Europeans   Retained as Papakainga

Hoe o Tainui North 1   700 acres   loo acres

Hoe o Tainui North 2A   whole (150 ac)

Hoe o Tainui North 2B   whole (500 ac)

Hoe o Tainui North 2C   whole (120 ac)

Hoe o Tainui North 4A   whole (75ac 2r)

Hoe o Tainui North 4B   whole (44ac 2r)

Hoe o Tainui North 6B   2397 acres   200 acres140

136 New Zealand Gazette 1903 page 1636. Supporting Papers #w36.1.

137 Hamilton Maori Land plan 7079-80. Supporting Papers #N234.

138 Auckland Minute Book 8 pages 332-333 and 342. Supporting Papers #11.4-5 and 6.   •