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

Author: H. Hanson Turton

Publication details: George Didsbury, 1883, Wellington

Part of: He reo nō ngā whakaritenga me ngā pukapuka here / Language of agreement and obligation

License: Creative Commons Attribution-Share Alike 3.0 New Zealand Licence

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Charles Edwin Nelson: I have been a resident for some years in the Kaipara District, and am a licensed interpreter. I was engaged with Mr. Brissenden in purchasing land for the Government from the Natives. Mr. Brissenden and myself first negotiated the purchase of these two blocks, about nine months previous to sitting of Native Lands Court upon them. Our negotiations were both with Tiopira and Parore. We concluded a bargain with Tiopira, at rate of 1s. 1d. per acre for any land surveyed and adjudicated to him. I paid Tiopira, and adherents of his, £620 on the block, which was then called Waipoua only; this money was paid after the price was agreed upon, some before the survey, some during it, some after completion. I offered Parore the same price after I had paid some money to Tiopira, some £150. Parore was willing to accept the price if I had given an advance on Account of £500. I offered £100. He said, "You will never get the land." He said I had negotiated with the other party first. This took place at Kaihu. I saw. Parore again afterwards, after having paid Ngatiwhatua £200. I tried again to bargain, without effect. He asked for £500; I offered £200, which he would not take. Parore told me twice to stop the survey; and I heard that he had threatened to stop it with an armed party. The survey was completed. I was present at the sitting of the Native Lands Court at Kaihu. It opened on 27th January. These blocks were adjudicated upon. The decision of Court was given on 1st February. Decision was that Tiopira was to have Waipoua, and Parore Maunganui. Hone Whetuki did not agree. Paora Tuhaere, on behalf of Tiopira, Ngatiwhatua, and other tribes, objected. Tiopira said he would go and take possession of the land: let the Court suspend this judgment. The Court adjourned. Mr. Kemp and Mr. Preece came down to Mangawhare, where the Natives were, to effect a conciliation, which they ultimately did. Tiopira told Mr. Kemp that he would only consent on condition that himself and Parore were both included as grantees of blocks of Waipoua and Maunganui, and for the reserve at Waipoua to be his own; and for the "right of conquest" to be effaced from the deed. Mr. Kemp said he would do what was just and reasonable. He had seen Parore and Tirarau. On Wednesday, 2nd February, Messis. Kemp and Preece came to Mangawhare again, and brought word from Parore that he had agreed to Tiopira's request of previous evening. Then Tiopira began to quibble, saying that both names should be in Maunganui, but his own name only in Waipoua. Mr. Preece objected. Tiopira stated that he would consent if Parore gave him £100 out of money he had received from Waimata Block. Mr. Preece said he would take upon himself to promise that Parore would do this. In the afternoon, 3p.m., Messrs. Kemp and Preece returned with a letter from Parore; saying that he would agree that he and Tiopira should be in both pieces; that Tiopira should have Waipoua, and should have £100 from Waimata. Paora Tuhaere wrote a letter accepting the terms on Tiopira's behalf, and Tiopira signed it. There was a plan of the reserve in the Court. Its area was not then mentioned. The next day the Court met, Mr. Kemp read the first portion of both letters, avoiding any mention of the £100 for Waimata, which Parore had agreed to pay Tiopira. I asked Paora to make a copy of these notes in his pocketbook, and he did so from memory immediately after. The Judge said that memorials of ownership should be made out in conformity with this arrangement, viz., the names of each in the grant, and Tiopira and party only in the reserve. On Friday, 4th, about 10 a.m., Paora and Tiopira went to Kaihu; I followed half-an-hour after. I saw Messrs. Kemp and Preece there. The latter said he was going to see Parore and Tirarau, but would not be long. They stayed away about an hour. When I saw Mr. Preece again, he requested me to get Tiopira and Paora to come to the Court House. I did so. There were present Kemp, Preece, Clendon, Austin, Tiopira, Paora, and myself. Mr. Preece mentioned that the area of two blocks was 72,892 acres, which at 1s. 1d. amounted to £1,974."Wait," said Tiopira; "I acknowledge that I agreed to sell the land to the Government at that price; but I agreed with Nelson, and he has nothing to do with it now; you are a new person, and ought to give another price. I must have 1s. 6d. per acre or I sign no paper" To this Mr. Preece replied, "Although I am another person, I am working for the same Government that purchased the land from you; you Lave taken money on account; you have given receipts for it, and agreed to sell the land at 1s. 1d. per acre" Tiopira then asked, "Has Parore consented to accept his money?" Mr. Preece replied, "Yes." Mr. Kemp took it up and said, "We have just come from Parore's house; he has consented." Paora then said, "Tiopira is bound to complete this sale; but regarding the price, I think it should be made something more. Will you not make it up to £2,000?" To this Mr. Preece agreed at once, though he said it was wrong to extort money from him in this manner, especially as Tiopira had already received over £600 and 12,000 acres of land. Tiopira then said, "You told me yesterday that you agreed to pay me £100 Parore agreed to give from sale of Waimata" "Yes," said Mr. Preece, "I will pay you the Waimata money now" Mr. Preece then said to Mr. Kemp, "I will go for the money and some blank vouchers, as I must get Tiopira's receipt" I remarked to Mr. Preece, "This money is being paid by Parore to Tiopira; Tiopira has no business to sign for it." Mr. Preece said, "Parore's money is not here, and I must have a receipt to keep accounts square with the audit." I said, "It is Q.—C. page 130simply a monetary transaction; you pay on Parore's account; he should give you a receipt for money advanced." Mr. Preece said, "I cannot see why you should put in any obstacles." I replied, "That will do." Mr. Kemp said, "Mr. Nelson: Parore's money is not available; the money paid for Waimata is in Auckland." I said, "It is certainly no business of mine, only it seems somewhat strange." Mr. Preece left the Court House, and not long after returned with money and voucher forms. He said he had been looking for Captain Symonds, and could not find him; would I go and seek him, and ask him to come up. I went to verandah of hotel, and there found Captain Symonds. I asked him to come and witness some deeds at the Court House; and I ran back again, as I was anxious to read contents of vouchers about to be signed by Tiopira. When I re-entered Court House, Mr. Preece was filling up duplicate papers for Tiopira to sign. I went up by side of Mr. Preece, and by momentary view perceived the voucher to be an acknowledgment for £100 on account of Maunganui. Captain Symonds entered the Court and took his seat. Mr. Preece handed Tiopira £100 in bank-notes, and placed the paper before him: "This is the £100 for Waimata—to sign your name." Tiopira put on his spectacles and signed his name to the vouchers in duplicate, which were subsequently witnessed by Mr. Kemp. [Voucher produced.]

The voucher is for £100 (No. 15, 1876, 4th February), 9th payment, on account of purchase of Waipoua and Maunganui, £620, former payment.

Shortly after Manunganui and Waipoua deeds were produced, Mr. Clendon was asked by Mr. Preece to act as interpreter, Mr. Preece explaining to him the arrangement, and that the consideration was to be £2,000 in each piece. Mr. Clendon then interpreted the deeds, but as the consideration had been left blank, he read out £2,000 in both instances. Tiopira signed the parchments, took the money, took off his specs., and the transaction was completed. The blanks were not filled in when Tiopira signed. Captain Symonds was present when the deed was signed, and when Mr. Preece explained to Mr. Clendon that the consideration was left blank, but was to be £2,000. I do not know anything further than I have stated already as to any transactions between the Government and Parore about this land. The allowing the Waipoua reserve to Tiopira had nothing to do with the purchase, and did not affect it. My wife is a half-caste, but from the Rarawa, and not related to these people. I was employed by the Government to act in concert with Mr. Preece during these transactions. I kept a diary of what took place day by day. I am not in the service of the Government now. I made no complaint either to Government or to any one else of Mr. Preece's conduct whilst I was in the service; but I may have stated facts. I handed my pocket-book to Mr. Tole while I was in the Government service. I am not aware that this was a breach of the Civil Service Regulations. I was only engaged from month to month. At Kaihu I had seen a Native, named Haurangi, who had a dispute with Kamariera about the sale of the Opouteke Block, Mr. Preece having told him that, should be sue Kamariera, he would make him pay something. In town here, afterwards, I saw Haurangi and Heta te Haara, who spoke to me about this matter, saying the law had been recommended. I mentioned Mr. Tole to them, and brought them to his office, and acted as interpreter for them. Heta said he had no money for law, and wished to go to Sir G. Grey, as he knew him. It was then I mentioned this present matter, and that Paora and Tiopira were much aggrieved at the way they had been treated. I brought Paora to Mr. Tole's office. I interpreted for them. I knew the facts and brought them forward. I brought them forward at my instigation. Paora went to Mr. Tole's office, knowing what he came for. I never reported or mentioned to Mr. Preece that Paora or Tiopira were dissatisfied. I wish to mention that, on the 8th of February, at Kaihu, I was requested by Mr. Preece to fill in the consideration which had been left blank in the Waipoua deed. It was pencilled in £2,200, and I wrote it in ink. I was also requested to fill in the deed of execution, which was of that date, 8th February. I did not fill in Maunganui deed. I did not notice it. There were many deeds there. I don't remember Mr. Kemp saying, on the wharf at Kaihu, after the transactions were concluded, "I think Tiopira had by far the best of the bargain," and my fully, concurring therewith. I deny so doing. Tiopira and the whole tribe expressed indignation to me at the way they had been treated in receiving less than Parore. After Mr. Preece was employed, I was like the fifth wheel of a coach, and had nothing to do. I received pay to the end of May. My service expired at the end of April last. I never reported the dissatisfaction to any one in the service of Government.