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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

No. 9. — Mr. Preece to the Under-Secretary, Native. Office

No. 9.
Mr. Preece to the Under-Secretary, Native. Office.

Auckland, 12th February, 1876

Sir,—

I have the honor to report that I returned on the 10th instant from attending the sitting of the Native Lands Court, held at Kaihu, where I have been able to complete the purchase of the Waipoua, Mauuganui, Kairara, Opouteke, Waerekahakaha, Pekapekarau, and Oue Blocks of, land, containing in the aggregate 155,400 acres.

It will be remembered that with regard to the first two blocks, namely, Waipoua and Maunganui, a very sore dispute has existed for some time between the old Chief Parore te Awha, supported by Te Tirarau and the Ngapuhi on the one part, and Tiopira Kinaki (a man comparatively unknown outside his own tribe, the Roroa), supported by the Ngatiwhatua and Uriohau tribes on the other part.

The Agents having paid to the last-named tribes very excessive deposits, and having entirely ignored the rights of Parore and his people, caused so strong an opposition on his part to the survey and sale of the land that at one time (about this time-twelve months) there seemed to be every probability of hostilities breaking out between the tribes. At that time Parore, on my advice, desisted from taking active measures to forcibly stop the survey, and contented" himself by asking the Government to stop it, instructions to which effect were given by the Hon. the Native Minister, which, however, did not reach the surveyors until the work was done.

I was at this time acting as a private Agent, and advised Parore to permit the survey to continue, and trust his claim to title to the Native Lands Court, where he would be sure to secure his rights, whether the land was surveyed by the other claimants or not; to which he after considerable hesitation, consented, and has since then patiently awaited, the result of the decision of the Court: at the same time he has carefully refrained from taking any deposit, or committing himself in any way as to the sale of the land.

The case was to have been heard in May last, but the feeling was then still running high; and the Waipoua Block, being a portion of the same estate, having been advertised to be heard at Hokianga about the same time, I deemed it advisable to get them both postponed:

The cases were again advertised for August last, but were again put off. On the occasion of the present sitting of the Court, the weather being fine', and all parties being assembled and anxious to get rid of so long and unsatisfactory a dispute, the question was gone into by the Court by consent of all parties concerned.

The Court was composed of H. A. H. Monro, Esq., and Captain Symonds, Judges; and Hori te Whetuki, Native Assessor.

The Court was opened on the 27th January, and the Maunganui case commenced.

The Roroa, Urioliau, and Ngatiwhatua were represented by Paora Tuhaere, who conducted their case for them.

Parore te Awha and his people were represented by Taurau (brother of Te Tirarau), who conducted their case.

The whole question was fully gone into, a number of witnesses having been examined and crossexamined, which fully gave the whole history of that part of the country for some fifty years past, leaving the Court in a position to give a judgment without any hesitation.

On the conclusion of the hearing of the Maunganui case, which lasted several days, the Court asked the claimauts and counter-claimants whether they wished to go over the whole ground again in the Waipoua case, or whether they would take the evidence which had been taken for Maunganui to apply to Waipoua, as both blocks were part of the same estate, the line dividing them being only an arbitrary one laid down by the surveyor, and forming no iribal division of the land. To this all parties, were willing, having on both sides exhausted all the evidence they had to offer; so the Court then adjourned to consider their judgment, and assembled on the following day to pronounce the same. In this, however, a fresh complication arose, which' evidently took the two Judges by surprise, and certainly surprised every one else; it was this:—

When the Court were about to give the judgment, the Assessor intimated that he wished to say a few words to the people, in order that they might not think he took no interest in the matter. He was permitted; and proceeded to express his opinion, which, it appears from what transpired afterwards, was the very opposite of the decision of the two Judges, fully concurred in by the Assessor himself when they were consulting together.

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This placed the Court in a dilemma. However, the presiding Judge told the assembled people that they had no idea that the Assessor had opinions such as he had then expressed, and that they had discussed the whole matter fully together with the Assessor, who had concurred in the judgment the Court were about now to pronounce and that it was quite contrary to the expression of opinion he had just given. However, the Court retired for a. few minutes to a private room to consult together. On re-assembling, the presiding Judge gave judgment, prefacing it by saying, that according to law the Assessor must concur in the judgment, and that he could hardly tell whether he concurred or not, for although he said he now did his expression of opinion was so absolutely contrary to the judgment itself, that it could hardly be taken as concurrence; such being the case, the judgment could only become valid by both parties accenting it.

It was the opinion of the Court that the Ngatiwhatua, Urioliau, and Roroa had become subjugated by Ngapuhi, and the two former completely driven out of the country after the battle of Te Ikaranganui; but that subsequently certain individuals of the Uriohau returned to the Wairoa, and lived under the protection of Kukupa, the father of. Te Tirarau, for a short time, and eventually left, for Otamatea and other parts of the Kaipara Disfriot. That a portion of the Roroa, including Tiopira Kinaki, after the Ikaranganui battle, lived at Waimamaku and Waipoua, under the protection of Parore, and have continued to remain there ever since. On these and other grounds, which were gone into at considerable length, the judgment was that neither Ngatiwhatua nor Te Uriohau had any claim to the land, but that those of the Roroa who had continued with Tiopira to live and exercise rights of ownership on the land were entitled together with Parore and his people.

Both these blocks being about the same size, the Court therefore awarded the Maunganui to Parore Te Awha, and the Waipoua to Tiopira and their respective-people, and adjourned for the day to enable them to talk the matter over, and either accept the judgment or not, or to come to some voluntary arrangement, as the Court was precluded, by the conduct of the Assessor, from giving an absolute judgment.

Mr. H. T. Kemp, Civil Commissioner and District Officer for Kaipara, was present, and I consulted with him on the subject. We decided to let them have their talk out, and not-to interfere with their consultations until they had exhausted their eloquence and arguments on each side. It is unnecessary to detail what took place, suffice it to say that after two days we succeeded in bringing both parties to terms, including, the consent of the Ngatiwhatua and Uriohau portion of the claimants.

These negotiations had to be conducted with great tact and delicacy, both parties feeling strengthened in their, position; Parore by the expression of opinion of' the Judges, and the opposite party by the expression of opinion of the Assessor.

Mr. Kemp was of material assistance to me, in this matter, both in his personal skill and tact, and, being so much older an officer of the Government he considerably strengthened my position with the Natives, particularly with those of the Ngatiwhatua and, Uriohau, who to a certain extent looked upon me as favouring the other party, because. I had, before joining the Government service, taken up the cause of Parore.

The settlement we effected was, that Parore and Tiopira should each be named in the memorial of ownership for-both the Waipoua Block and the Maunganui Block, and that Parore should pay Tiopira a Sum of £100 out of some moneys he had received for another; block of land; in the title to which Tiopira had been defeated-at a former sitting of the Court, and that Tiopira have the Waipoua Reserve. I am pleased to say that the arrangement was fully agreed' to by all parties, and the result is that what has been a long-standing, and sore dispute has been settled to the complete satisfaction of all, the disputants.

This compromise was rather, too much in favour of Tiopira, the reserve being 12,000 acres, and the interest in the other two blocks being equal. We could, however, come to no better term's with Tiopira's party, and we had to make it up with Parore in another way, he having the advantage of us, to a certain extent, as he had never taken a shilling, deposit for the land, nor had he agreed as yet to sell at all, having been utterly ignored and treated as, a man of no importance by the former, Agents.

The terms of agreement as to title having been arranged, the Court re-assembled, and Mr. Kemp, as District Officer, informed it of the voluntary arrangement come between the parties; and both sides haying been questioned by the Court, the matter was settled, and the memorials of ownership ordered accordingly.

After preparing the deeds, I sent for Tiopira and Paora Tuhaere, who represented those who had sold and taken deposits to the amount of £620, and concluded with them at the price originally agreed upon by them, namely, at 1s Id per acre, conceding only an extra sum of £56 13s. 8d. on the whole block of 72,892 acres, so as to make an even sum of £4,000 for the whole of the two blocks., Dividing this in half, and deducting the deposits already paid from the £2,000, his share, I paid Tiopira the balance, namely, £1,380, and the sum of £100 on account of Parore, against whose interest in the land I charged it. He then signed the deed for both blocks and vouchers for the amounts paid. This was done in the presence of Judge Symonds and Mr. Kemp.

Now came the difficulty in dealing with Parore, who had not as yet agreed to sell or to name a price.

He at first insisted on 5s. and 2s. 6d. per acre. I felt no anxiety however about this matter, for the question of title having been settled, I knew, the eventual purchasing of his interest was only a matter of time. After a day or two of, patient waiting, during which time I received assistance and advice from Mr. Kemp, as to conceding to a higher price, I eventually concluded with Parore, with the concurrence of his people, to purchase his interest in the whole of-the two blocks for the sum of £2,500; thus purchasing the entire interest in both blocks, containing 72,892, acres, for the sum of £4,500, being a fraction over 1s. 2¾d. per acre. I also agreed to let Parore have a small reserve in the Maunganui of about 250 acres, being an eel fishery which is to be cut out of the block and a grant issued to him for the same.

Parore then signed the deeds, upon which I paid him £2,400, which, together with the sum of £100 paid to Tiopira on his account, made the amount agreed on.

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Mangakahia Lands.

These blocks are those the purchase of which was first negotiated for by Colonel McDonnell.

The price originally arranged for was at 2s. 6d. per acre, and afterwards reduced to 2s. for such portion of the land as was kauri forest, and 1s. 3d. for the balance of the land, excepting that the moneys which up to that time had been paid as a deposit (which included a sum of £250 which had been advanced by a Mr. Wright, at Whangarei, on the orders of Colonel McDonnell, purporting to be given on behalf of the Government), amounting in all to £545 on the two blocks above named. I was not previously aware of the fact of there having been three prices agreed on. However, from the evidence of Mr. Nelson, Mr. Clendon, and Mr. Wright, who were present at the arrangement, together with the statement of the Natives, there is no doubt the agreement was as Te Wharepapa stated, although Colonel McDonnell only informed me of the two prices, 2s. 6d. and 1s. 3d. per acre; so I carried out the agreement as stated by the parties present.

Not being able to ascertain the actual acreage of the kauri forest contained in these blocks, I obtained information from reliable parties, and, with the concurrence of the owners, rated them as follows:—

Kairari.

Kauri forest, 7,500 acres, at 2s. £750 0 0
Land covering deposits, 1,960 acres, at 2s. 6d. 245 0 0
Balance, 17,346 acres, at 1s. 3d 1,084 2 6
Total £2,079 2 6
Opouteke.
Kauri forest, 11,000 acres, at 2s £1,100 0 0
Land covering deposits (including £250 paid by Wright), 2,400 acres, at 2s. 6d 300 0 0
Balance, rated at 1s. 3d., 30,222 acres 1,888 17 6
Total £3,288 17 6

The owners being the same in each block, I, in order to make even money in each deed, transferred the odd 2s. 6d. from Kairara to Opouteke, making £2,079 for Kairara, and £3,289 for Opouteke.

There may be some discrepancy in the acreage of Opouteke, as, the Inspector of Surveys has sent a surveyor to go over one of the boundaries again; but the figures on which this calculation is based, I obtained from the Inspector, leaving the acreage in the deed blank for the correct figures, which, he tells me, will not vary much. The Natives understand this, and accept the figures. There is, however, one proviso in the deed, that a grant be issued to certain Natives for 50 acres at a portion marked out on the plan, being an old burial-place. This, as well as the reserve before mentioned in Maunganui, will be laid off and placed on the plans of the deeds before the same are deposited for registration.

In addition to the sum of £3,289 paid to the Mangakahia Natives for Opouteke, I had also to pay a sum of £100 to a Native named Haurangi, to extinguish a claim he had to the block, which claim Te Wharepapa would not admit, although he had admitted it when the land went through the Court, Te Haurangi then leaving the matter in his hands. As this was likely to lead to some complication, I paid him the sum above-named, for which he agreed to dispose of any claim he might have. I consulted Mr. Kemp on this matter, and he quite concurred with me in the advisability of settling the matter in that manner. The price, therefore, of the Opouteke Block is £3,389, and is so stated in the vouchers and deed.

Oue.

This block is the old land claim purchased by the Government from the Rev. Charles Baker, and on which Mr. Brissenden has paid a sum of £125, in satisfaction of all Native claims on the surveyed portion of the same; it contains 3,968 acres. The title was passed by the Court without opposition, and a deed signed without any further payment.

There is yet a sum of £35 outstanding on Mr. Baker's claim, which was paid by Mr. Brissenden, but the land which is to represent that sum has not yet been surveyed; it is situated on the south of the Oue, and named Opuhete.

You will observe in the vouchers a contingency voucher for a sum of £200, paid to Te Wharepapa for services as agreed on by Colonel McDonnell, which I was instructed by you to pay in the manner I have. The whole of these blocks being completed, I have done so.

The purchases completed by me at Kaihu on this occasion are as follows:—

Acres.£s.d.
Waipoua35,300price 2,20000
Maunganui37,592"2,30000
Kairara26,806"2,07900
Opouteke (about)43,622"3,38900
Waerekahakaha2,520"31500
Pekapekarau5,592"69900
Oue (Mangakahia)3,968"12500
Total area155,400Total price11,10700

Which, together with the purchase of Waimamaku last month, make a total of 182,600 acres since the 1st of January.

The vouchers connected with these payments I have furnished to Major Green, from whom I have obtained the money.

I have, &c.,

J. W. Preece.

The Under-Secretary, Native Office,
(Land Purchase Branch), Wellington.