MemorandumreMr. J. A. Tole's Complaint as to the Purchase of Maunganui and Waipoua Blocks.

Mr. Tole, after making certain statements, sums up by saying that "Tiopira's grievance therefore is, that though the original purchase money was understood to be £2,000 for each block, yet, since it has been thought necessary to increase that amount to the extent already stated (£500), he asserts that he is justly entitled to his proportion of it, and not that it should be all paid to a co-grantee."

The answer to this is that the original purchase money was never understood to be £2,000 for each block, but was 1s. 1d. per acre, which amounted to less than £2,000 for Tiopira's share, but that at the signing of the deeds I conceded the extra amount, making it come to £2,000, for all his right, title, and interest in both blocks; and, as a proof of that being the case, it will be found that the voucher he signed for the balance of the money stated such to be the case—that is, the voucher acknowledges the receipt of One thousand three hundred and eighty pounds (£1,380) as a final payment for all his right, title, and interest, and acknowledging the former receipt of £620, thus making up £2,000

The amount of the price of Tiopira's half of the land under his agreement was £1,974 3s. 2d. He asked me to make it up to £2,000, which I did, as it was only a matter of £25 16s. 10d. extra.

In settling up with Tiopira, I first read over to him in detail the vouchers for the various sums of money which had been paid to him and his party from time to time by Messrs. Brissenden and Nelson, amounting in all to £620. These payments he admitted. That point having been settled, I told him that by the papers before me, it appeared he had, on receiving-these various sums, agreed to sell the land to the Government for the sum of one shilling and a penny per acre (1s. 1d.). This he said was correct. He said I, being a new purchaser, should enter into a new arrangement. I told him that I was not the purchaser but the agent, and, as he had agreed to sell to the Government at that price, and, on the faith of that agreement, the Government had advanced him such a large sum of money as £620, and had been induced to incur the cost of survey and other charges, that he was bound to carry out his agreement.

I then told him the two blocks contained 72,892 acres, which, at 1s. 1d. per acre, would amount to the sum of £3,948 6s. 4d., the half of which would be £1,974 3s. 2d., which sum he was entitled to, less the £620 deposits. Paul Tauhaere then calculated the amount, and told Tiopira it was correct. They both said they were quite satisfied, but asked me to agree to make even money of it and let it be £2,000. This I agreed to, the difference being, as above stated, £25 16s. 10d.

I then went to the hotel to get the money, and first gave Tiopira the sum of £100 on behalf of Parore (the nature of which I shall presently show), as he (Tiopira) had made it a sine qua, non that that sum should be paid before he would sign the deeds. This sum I advanced out of sums in my hands, as I knew Parore had no funds at the place, and I knew he would repay me even if we did not come to terms as to his interest.

I then counted out £1,380 in notes, and prepared vouchers for Tiopira to sign—one for £100 and one for £1,380—acknowledging the receipt of that amount as being "a payment in full satisfaction of his right, title, and interest in the Waipoua and Maunganni Blocks." These vouchers I read over to Tiopira and Paul in the presence of Judge Symonds, Mr. H. T. Kemp, C.C.; Mr. Clendon, Interpreter of the Court; and Mr. Nelson, my assistant in land-purchase matters, and fully explained the nature of the same to them. Tiopira then signed them in the presence of the gentlemen I have named, and they were attested by Mr. Kemp.

There could have been no possibility of there being any misunderstanding as to the £2,000 being the price of Tiopira's interest, for I remember distinctly, when Mr. Clendon, the interpreter, was reading over and explaining the deeds, he at first explained to them that the two blocks were being sold for £4,000; and I at once corrected him and told him that the arrangement was that Tiopira was selling the whole of his interest for £2,000, which was then his explanation to them.

It is true that there was no total amount of consideration absolutely written in the deeds at the time, and I myself called the attention of the Judge to the fact, and told him that, as I did not yet know what I should have to pay Parore, I could not tell what the full amount was, and at the same +time I asked him to note what I was now paying, and if Parore came to terms he would see what he was to get, which, together with the amount now and formerly paid, would be the price of the two blocks. I also told him that I would not ask him to attest the signatures of Tiopira until I should have come to terms with Parore and he should have signed; or, should I fail to come to terms with him, I would ask him to attest the signatures of Tiopira, aud then insert the £2,000 as the consideration of his interest. The Judge did hot attest the signature of Tiopira then, nor was the attestation clause written in or attested to until after the actual amounts of consideration of money for both blocks had been written in in both deeds, and after Parore had signed them and the whole of the money had been paid. Judge Symonds and Mr. Kemp then attested the deeds and examined them, thereby seeing that the amounts named were true, and in accordance with the payments made.

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The apportionment of the moneys in the deeds, at £2,200 for the one block and £2,300 for the other, was simply a matter of detail, in order to apportion the payments as nearly as I could according to area in round numbers,_for the agreements with both Tiopira and Parore, although quite separate, were in each case not for the two blocks separately, but for each of their undivided interest in the whole area contained in the two blocks; and such division was a matter of no moment to the sellers, as both blocks were owned by the same parties, and the money was, paid in each case in a lump sum.

There was no concealment of anything by me; the whole matter was done in an open and straightforward manner before a Judge of the Court, a Resident Magistrate, and two licensed interpreters, besides being publicly talked about. After Parore came to terms, and I had consented to pay him £2,500, I was asked by some of Tiopira's own people what he had got, and I told them. I saw Paul afterwards, as well as several of Tiopira's people, who must have known it, but they made no complaint, nor did I hear of any till I saw Mr. Tole's letter.

With regard to the question as to whether in the whole arrangements Tiopira has not obtained fully as much and more than Parore, I shall presently show.

It must be remembered that the Maunganui and Waipoua Blocks alone (and not the reserve, Waipoua No. 2) were the subject of investigation before the Court up to the time of its giving its judgment, which: judgment the Court informed the Natives could only be rendered valid by their mutual agreement, or by the Court accepting any voluntary arrangement come to between the parties. The Court did, however, give its judgment, in order, I apprehend, to acquaint the Natives how far their opinion went, and in this judgment they expressed an opinion that Parore had a superior right to Tiopira, and consequently, out of the 72,892 acres before the Court, they awarded to Parore 37,592 (Maunganui) and to Tiopira 35,300 (Waipoua), thus making the award to Parore 2,292 acres in excess of that to Tiopira.

This judgment could not be upheld in consequence of the strange conduct of the Assessor who sat with the Judges, who, having fully concurred with the Judges while they were conferring together, afterwards on the bench gave expression to quite a contrary opinion.

It must be remembered that the Waipoua reserve, containing 12,220 acres, was not under investigation at the time; had it been I have no doubt but that the Court would have awarded to Parore at least an equal interest with Tiopira, if not more, for the Waipoua settlement was his birthplace and continual home until only a few years ago, and in it was planted, and now stands, a fig tree, a present made by His Majesty George IV. to Hongi Hika, the uncle of Parore, who brought it out from England and planted it there. So Tiopira was not entitled by the judgment of the Court to be in the memorial of ownership of' Maunganui at all, but in Waipoua, the lesser of the two by 2,292 acres, and the reserve of 12,220 acres was not before the Court.

It was only by an agreement come to between the parties after considerable discussion, and numerous proposals and counter proposals having passed between them, that it was arranged that Parore and Tiopira were each to have their names inserted in the memorial of ownership for both Waipoua and Maunganui, and that Tiopira should be paid by Parore the sum of £100 out of the proceeds of the sale of timber on a block of land named Waimata, which by the judgment of a former Court Tiopira had been found to have had no interest in, and that the Waipoua reserve should be in the name of Tiopira alone, which reserve was through the whole of that negotiation stated to have been 6,000 acres or there abouts, whereas it afterwards became known to us that it was and is 12,220 acres.

Mr. Kemp and myself had very great difficulty in inducing Parore to agree to these terms, and had we known, as we afterwards did when too late, that the reserve was over 12,000 acres, instead as we understood about 6,000 acres, I am sure that I for one would not have asked him to agree to such terms; and it was that as much as anything which induced me ultimately to agree to pay him £500 more for his interest than Tiopira had sold for: at all events I had to do it, for it was the lowest amount that it was possible to get him to agree to take.

In order to show clearly the proportionate value that Parore and Tiopira have each had out of the whole estate in which they were jointly interested, I have put in the following form:—

A Statement showing the Value separately of the Arrangements as to Title and Sale of Maunganui and Waipoua Blocks.

Tiopira's Share.

	£	s.	d.
Cash paid him by Government	2,000	0	0
Cash paid him by Parore	100	0	0
Value of reserve, 12,220 acres, at 1s. 1d.	661	18	4
Total	£2,761	18	4

Parore's Share.

	£	s.	d.
Cash paid him by Government	2,500	0	0
Value of 250 acres, reserve returned to him, at 1s 1d.	13	10	10
	2,513	10	10
Less amount paid by him to Tiopira	100	0	0
Total	£2,413	10	10

Recapitulation.

	£	s.	d.
Value obtained by Tiopira	2,761	18	4
Value obtained by Parore	2,413	10	10
Excess in favour of Tiopira	£348	76

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Thus it will be seen that out of the block of land extending from the south boundary of Maunganui to the north boundary of Waipoua, including the reserve in question (all of which comprises but one estate as regards Native title), taking the value of the reserve to be only 1s. 1d. per acre, Tiopira has had in land and in money in excess of what Parore has received the sum of £348 7s. 6d., which I consider is considerably more than he is entitled to; and my opinion is borne out by the judgment of the Court, which found him to be entitled to less than Parore by 2,292 acres out of 72,892 acres.

But whether Tiopira has had the best of it or not, the fact remains. He agreed to sell all his interest in the two blocks for the sum of £2,000, and he did it with the full knowledge of what he was about, and he has received that amount in cash. And Parore agreed to sell his interest in both blocks for £2,500, and has received that amount in cash, of which he has paid £100 to Tiopira, as agreed on at the settlement of the question of title.