No. 2.
The Hon. The Colonial Secretary to the Chief Protector.

With reference to your report of the 4th inst., on an application from the Chief Hoete (or William Jowett), for remuneration for services performed by him in pointing out the boundaries of the district, lately purchased by the Crown, called Mahurangi, referred to you under blank cover of the 2nd inst., I have the honor, by direction of the Governor, to acquaint you that a warrant has been prepared in your favor, and will shortly be transmitted to the Colonial Treasurer, empowering that officer to pay into your hands the sum of £5 (five pounds) to enable you to remunerate Hoete.

This sum will be impressed against you until the receipt of Hoete, duly attested, is forwarded by you.

No. 3.
The Hon. the Colonial Secretary to the Chief Protector.

I have the honor, by the direction of the Governor, to inform you that His Excellency has been pleased to sanction the purchase of a small vessel for the Chief Pomare, in part payment for his interest in the land at Mahurangi, sold by that chief to the Crown for the sum of One hundred and fifty pounds (£150).

The account of this expense will, therefore, appear in the Contingent Abstract of your Department, and the Colonial Treasurer has received instructions to disburse the money on the proper accounts duly vouched being presented.

I have accordingly to request that you will take steps to bring the matter to an immediate conclusion.

No. 4.
The Hon. the Colonial Secretary to the Chief Protector.

With reference to your letter of the 20th ultimo, requesting His Excellency's sanction to the purchase of cattle for transfer to the Native chief Jowett, to complete the amount of consideration due to him, on behalf of the Ngatipaoa tribe, for land at Mahurangi, I am instructed to convey to you the Governor's authority for the purchase of four cows for the purpose above mentioned, and for traffic with the Natives generally.

You will therefore have the goodness to furnish the accounts to the Colonial Treasurer in the proper form, to enable that officer to prepare a warrant for the amount for His Excellency's signature.

No. 6.
The Native Secretary to the Hon. the Colonial Secretary.

In accordance with your letter of the 9th inst., authorizing me to proceed to Mahurangi, to endeavour to procure a settlement of the Native claims to land in that district, I have the honor to report that I proceeded to the residence of the Chief Hemara, situated near the south head of Mahurangi Harbour, or the purpose of ascertaining the nature of his claim to a large tract of land which he now occupies. From all I can learn, this Native has a claim to some reserve or compensation in that district, as his ancestors formerly occupied it, and he has no other place where he can subsist; and his claims are backed by several other Natives. A considerable block is also claimed by a Native named Parihoro, which includes land sold by the Government, and also land belonging to land claimants.

As the negotiations concerning this affair were likely to extend over several days, and as there was small probability of any settlement of the exorbitant Native claims, and as I had to return to Auckland at an early date, I left instructions with Mr. John Johnston to remain on the spot, and to make himself more fully acquainted with the nature and extent of the claims, which could only be obtained by a lengthened sojourn in the locality; and I further directed him to endeavour to bring the respective claimants to Auckland, where they might be more induced to listen to reason than at their own places.

Mr. Johnston's report I herewith forward, which gives a full account of the nature of the respective claims.

These Natives, especially Hemara, are more obstinate on account of their receiving payments from Europeans for permission to cut firewood and timber on the disputed land, which there would be no means of stopping unless the Native Land Purchase Ordinance were put in force.

The Natives are now in Auckland, and I would suggest that the affair should be settled on the most liberal terms as regards Hemara, who appears to have a claim; but with regard to Parihoro, the question seems more difficult, as he lays claim to large tract of land which contains several farms belonging to the Europeans who have purchased from old land claimants who have got Crown grants, and also a farm of 50 acres, for which a settler named Boyds has got a Crown grant; and this tract he asserts his intention of holding, and threatens to pull down Boyds' house and mill; and as his claim is acknowledged by most of the Natives who previously sold the land, I think that it would be judicious to extinguish it by giving a money payment and also a reserve of land.

No. 7.
Mr. Commissioner Johnson to the Chief Commissioner.

I have the honor to inform you that I have seen the piece of land offered for sale by Kereihi, the wife of the Chief Wiremu Reweti of Orakei, and beg to recommend its purchase for the sum of One hundred pounds (£100), being the amount which she expressed her willingness to receive for it some time since.

The name of the place is Parekakau, and it is, properly speaking, a portion of the Wainui, reported on in may letter to yourself of this day's date, and to the plan accompanying which I beg to refer you for a description of it.

It appears to have been given up as a portion to Kereihi and her immediate relations by the Natives of this place; and I think it would be advantageous to purchase it for the sum I have named, which might be paid at Auckland, where the owner resides. The extent is about fifteen hundred acres, and the quality of the ground is of much the same character as the rest of the block, which I have already described.

I have been disposed to recommend a liberal price for these two blocks with a view to incite the owners of the land behind Mahurangi, known as the "Kaipara Flats," to bring the negotiations which are being carried on with them to a favourable termination.

No. 8.
Mr. Commissioner Johnson to the Chief Commissioner.

I have the honor to inform you that I have this day returned from the inspection of a tract of country offered for sale by certain Natives named in the margin,^* who are descendants of the ancient Kawerau tribe, for the sum of Eight hundred pounds (£800).

This tract of country is known by the name of the Wainui, and is situated immediately behind that part of the Mahurangi Block which lies between the Orewa and Waiwerawere creeks; and I estimate the contents, after a careful survey of two of the sides according to the enclosed plan, to contain fourteen thousand acres.

The flooded state of the creeks during the late rains prevented my reaching the North-western angle of this block; but the bearing being taken by compass from the other points would leave the boundary sufficiently determined, until a proper survey could be undertaken at a more propitious season of the year.

This block is of an available character, being composed of low ranges covered with the most magnificent kauri forest, and intersected with hollows of open land capable of cultivation; and I would urge you to recommend its purchase by the Government, as it is only distant about twelve miles from the North Shore of the Waitemata River, and lies in the direct track of the proposed Northern road through Mahurangi to the Bay of Islands.

The position of the back boundary of the old Mahurangi purchase, which was cut by Mr. Reader Wood, the present Deputy Surveyor General, does not appear to be known by the persons engaged in the timber trade, and several parties with Government licenses are now cutting wood on the Native lands.

The Maories, in the first instance, rather connive at these proceedings; but when a large quantity of sawn stuff has accumulated at the pits, they come down upon the sawyers suddenly, and detain the timber until their demand for compensation is satisfied. A case of this nature came to my knowledge, where the European had to pay this party of Natives the sum of One hundred pounds (£100); and in other cases "bushes," or portions of forest land, have been purchased for as much as One hundred and fifty pounds (£150); and in one instance a Mr. Maurice Kelly is reported to have monopolized the timber over all the country between the Weiti and the Waitemata River, by direct purchase from the Native owners; and that he retails portions of the same to other Europeans at a great profit, much to the dissatisfaction of the public, who consider the right of leasing timber on land which is not private property to belong to the Crown alone.

You will no doubt see without further explanation, the very detrimental effect that these irregular proceedings must produce upon the endeavours which are made to extinguish the Native title to this part of the country; and it also prevents the sawyers from settling down and purchasing land, which many of them would do, where they could combine a small farm with their avocation, which would tend much to elevate the condition of this class of labourers in the colony, and for which purpose the portion of country now offered appears well adapted.

I would therefore suggest for your consideration that the sum of Six hundred pounds (£600) be paid down immediately to the sellers; and that the sum of Two hundred pounds (£200) be retained until the 1st of January, 1855, by which time a survey of the land can be undertaken, if the adjoining blocks should not be previously obtained from the Natives.

Should the foregoing arrangements receive the sanction of His Excellency the Officer Administering the Government, the Natives are desirous that the Six hundred pounds (£600), which will then be payable to them, should be transmitted here to me for distribution; and I think that it would be conducive to the public service if you could comply with their request, as the parties interested, about fifty in number, are nearly all assembled at this place, and could not repair to Auckland at this season of the year without great inconvenience to themselves.

No. 9.
The Chief Commissioner to Mr. Commissioner Johnson.

I have the honor to acknowledge receipt of your letters of the 3rd instant.

With reference to the purchase of the Wainui Block, estimated by you to contain fourteen thousand acres, for a sum of Eight hundred pounds (£800), Six hundred pounds (£600) of which you intend to pay at once to the Natives, and the remaining sum of Two hundred pounds (£200) in January

1855, I have the pleasure of conveying to you His Excellency's authority for concluding the arrangement, and, to enable you to do so with as little delay as possible, the sum of Six hundred pounds (£600) for this purpose is forwarded to you to the care of Te Hemara by Mr. Daldy's boat that sails this evening for Mahurangi.

The leasing of timber from the Natives, which you describe as being carried on to a great extent, must be gradually checked, so that the existence of such an irregular system, that has grown up in censequence of land-purchasing being so much in arrear, may not impede your operations. This subject I have brought fully under the notice of Government, and means will soon be adopted to check the evil, probably without any immediate intervention on your own part beyond discountenancing the system as far as you can.

In accordance with your recommendation, I have offered Kereihi of Orakei the sum of One hundred pounds (£100) for her claims to a piece of land at Mahurangi, but she seems to expect a horse, which she says was promised to her by Sir George Grey in addition to the sum of One hundred pounds. I would thank you to inform me if you have any recollection of such a promise being made, as Major Nugent is not aware of it.

No. 10.
Mr. Commissioner Johnson to the Chief Commissioner.

With reference to your letter of the 28th November, enclosing reference concerning Native claims to the Crown lands at Omaha and Oruru, I beg to inform you that the Government merely extinguished the rights of the conquerors over Omalia, and that the origiual proprietors residing at Pakiri and in the Oruawharo maintain that the Ngatipaoa and Ngapuhi had a claim to the land they sold to Mr. Clarke to the North of Point Rodney—and I think it very questionable if they had—so that in this case I am not in a position to insist on their accepting a certain compensation for the land in question, but must wait until they choose to dispose of their ownership.

The case of Oruru I will attend to as soon as I have an opportunity of proceeding to the North, probably in February next.

No. 11.
Mr. Commissioner Johnson to the Chief Commissioner.

I have the honor to acknowledge the receipt of your letter of the 20th instant, conveying his Excellency's authority for concluding the purchase of the Wainui Block, and forwarding the sum of Six hundred pounds (£600) for that purpose. This sum has bee paid by me this day to the claimants assembled at the village on the Native Reserve, and the subsequent further division of the same amongst themselves, and the amounts which have been devoted to appease the jealousy of the Ngatiwhatua has entirely set at rest any apprehension which may have existed of uneasiness in that quarter.

I beg to enclose the deed from the Natives to the Crown, duly signed and executed according to your general instructions and precedent furnished, as far as the circumstances will permit.

No. 12.
The Chief Commissioner to Mr. Surveyor Churton.

The Native Chief Kiri states that, when you were engaged in surveying the Pakiri Block, he objected to include Omaha in the boundary; and that he prevented, on some occasion, your using a survey chain on that part of the lands he wished to retain.

I am anxious to know from you if such was really the case, and whether any or what objections were made by Kiri or his party to the survey of, or inclusion within the boundaries, of any of the land on the coast line from the Ti to Pakiri; as it appears that the Natives now adduce claims to certain portions about Omaha, and elsewhere, that are not exhibited on the map of the block which you furnished to me.

Your own recollection and that Mr. McDonnell, who was with you, will decide the point now under reference by the Natives, and I shall feel obliged by an early reply.

No. 13.
Mr. Commissioner Rogan to the Chief Commissioner.

With reference to your letter, dated 27th ulto., requesting me to proceed to Omaha to communicate with Te Kiri, and enquire into and report on land claimed by him within the Pakiri blocks, for the information of His Excellency the Governor, I have the honor to acquaint you that I proceeded to Pakiri, and Stated to Kiri the object of my visit, and he agreed to accompany me over the boundaries of the land claimed by him.

Accordingly, on the following day, 15th instant, we proceeded to the ground, and followed along the Native pathway, which leads from Whakatuwhenua, or Cape Rodney, to Omaha, and when we arrived at a place which is marked M on the acccompanying tracing, Te Kiri halted and pointed out a spade mark, which he stated was made by him in presence of a number of Natives and the Surveyor, previous to the survey of the Pakiri block, and that he called Mr. Churton's attention to this place at the time, and Mr. McDonnell, who was one of the survey party, substantiated generally what Kiri stated. The claim he prefers is bounded by the line colored pink, and follows the water line from Whakatuwhenua along the coast to the point where that line strikes the harbour, which is shown on the accompanying tracing, and contains about (668) six hundred and sixty-eight acres.

We proceeded to Omaha, and I said to Te Kiri that I considered he was in error, in the first instance, in not having a clear understanding as to the land he wished to have reserved.

He replied that his boundary was pointed out to the Surveyor long before the land was surveyed, and, When it was being subdivided, he stopped the survey at the same place where the mark was made, and warned the Surveyor that the pegs would be pulled up.

I then stated to Kiri, that, without entering into the question as to who was right, in order to get rid of the misunderstanding which existed as regards the whole question, I proposed at once, on my own account, that he should waive his claim over the whole of the land claimed by him, and that I should secure him, say, five acres (5) of land in the township, and that I should recommend the Government to give him some small sum in addition, more in consideration of labour expended in building houses, planting, fencing, and cultivating, than any claim he might have to the land, telling him at the same time that I was not authorized by the Government to do so, and was not at all certain that my proposal would be approved. He considered this over for some time, and when I pressed him for a reply, he said he would not accept from the Government land which belonged to himself, and a discussion ensued which arrived at a point beyond which I did not think it advisable to persevere, and told him that I should leave the whole matter as it stood before.

He was then told, that it was matter between him and the Government, and not the survey party, who should be looked upon in the same manner as the bill hooks with which the lines were cut. He then replied that the survey might be proceeded with, but he should pull up the pegs, and he considered this was a sufficient protest.

After some time, I proposed that he should accompany me to Auckland, in order to decide the question in some way with Government, to which he at once assented.

When the vessel was prepared to sail for Auckland, Kiri came to me and represented that he was in great trouble owing to his son being in the last stage of consumption, and that his friends objected to his leaving the settlement in consequence. I promised either to write to him from Auckland, or to call at Pakiri soon to bring the question to an issue.

On my arrival in town I mentioned to Mr. Churton what Kiri advanced, and he admits having witnessed the mark being made, but is quite clear that Kiri is under a misapprehension as regards the Reserve, as he never, during the period of survey, explained to him that he intended to reserve this place, and that no question whatever arose until long after the survey was made and the money paid over to the Natives, and as the Chief Commissioner who negotiated this purchase is of the same opinion, I am inclined to think that the large reserye which Kiri now claims was an after-thought of his, although he seems quite clear that he never alienated this portion of the block.

No. 14.
Mr. Commissioner Rogan to the Chief Commissioner.

At your request, I have the honor to state, for the information of His Excellency the Governor, that I proceeded to Whangatean to inquire into the nature of Tawhitu's claim to a piece of land situated on that river within an old purchase; and, when I arrived at the settlement, the natives page 144had gone to Te Ngaere. The boundaries of the land claimed by him as a reserve were, however, pointed out to me by a Native named Nuku, which correspond as nearly as possible with that shown on the tracing enclosed herewith. I overtook Tawhitu, who was on his way to Auckland to arrange with Mr. Dacre, the proprietor, and secure the possession of the laud. As this place has been purchased many years ago, and included in the late Pakiri purchase, in the payment for which Tawhitu participated, I cannot see what claim the Natives can have to this place exceyt by occupation. At the same time, as there are several plantations and houses on the land, and the Natives have had undisturbed possession of the land for ten years, I submit that it would be very desirable to make some arrangement with Mr. Dacre in order to secure the Natives in possession of their homes.

No. 15.
Mr. Commissioner Rogan to the Chief Commissioner.

With reference to a portion of land situated at Omaha, in the Pakiri purchase, held in dispute by Te Kiri which is reported in my letter of the 28th September, 1859, and according to an arrangement with him I proceeded to Omaha on the 7th instant, with a view to arrive at a better understandings, and, if possible, to settle the question. On my arrival at Omaha, a messenger was despatched to Pakiri for Te Kiri and his brother, who arrived late on Saturday, the 9th instant. On Monday, the 11th, we proceeded to Whakatuwhenua, where the Natives pointed out about ten ares of land, which embraces the landing-place, together with a portion which is more particularly described on the accompanying sketch. Te Kiri insisted upon-retaining this place before entering into any negotiations with me r garding the part he was willing to cede, which, he stated, entirely depended on the terms I was prepared to offer him. We then returned to Omaha, and traversed the Kaiohuohu Stream to its source, and on to Motururu, the sea coast. The whole of the land seaward of this boundary he has determined to hold for his own and his friends' use, and, as There is a party of Natives belonging to Tauranga located on a portion of it, he could hot easily, if he would, dispose of it, as it would be difficult to oust these people from their cultivations. The land between Kaiohuohu and the straight line shown on the tracing, which comprises a great portion of the land held in dispute, he agrees to waive all claim to, excepting the ten acres above referred to, for the sum of £100. After this arrangement was closed, a difficulty arose between Te Kiri and Te Tawera people regarding a cultivation within this boundary on an allotment of land purchased by a settler who is most anxious to occupy it, and, after a long discussion, Kiri gave me to understand that he would induce the Tawhera Natives to give up their cultivations, and a sum of £10 or £20 will be required for this purpose.

I have the honor to submit that I may be authorized to carry out the above arrangement without delay, as it will enable settlers to enter upon quiet possession of land which they purchased form the Government a considerable time ago, who have been waiting until the present time in the hope that this question may be brought to a conclusion.

With regard to the portion of land which contains 163 acres reserved by Te Kiri, it would materially facilitate my operations hereafter in negotiating for the greater part of it if I am authorized to purchase for Te Kiri 30 or 40 acres of land which is situated on the coast line between Whakatuwhenua and Pakiri, which he is most anxious to obtain.

The land is not likely to be purchased by any Europeans as it is very hilly.

No. 17.
The Chief Commissioner to Mr. Commissioner Johnson.

With reference to your letter of the 31st December last, reporting that you had been negotiating with the Natives at Pakiri for a block of land in that neighbourhood estimated by you at from 45,000 to 50,000 acres.

In order that your time and that of the surveyor at Whangarei should not be taken up with this negotiation, I have had the external boundaries perambulated by Mr. Churton, accompanied by some of the principal Chiefs concerned in the sale thereof, who estimates the area of the block at 38,000 acres.

I had previously intended to instruct you come up to Pakiri to complete the purchase with the Natives, but from the information contained in your report above referred to I found that I should be able to effect the arrangements with the Natives without putting the Government to the expense, and yourself to the trouble, of coming up to Pakiri.

The Natives have agreed to alienate their claims to this block for the sum of One thousand and seventy pounds (£1,070), of this amount Two hundred and seventy pounds (£270) were paid to them on the 12th inst., and the remaining sum of Eight hundred pounds will be paid when the arrangements for the purchase of the lands situated between Pakiri and Te Arai on the North and Te Ngaere on the South have been completed. The price for the large block is not to exceed 8d. per acre, and when it is considered that the whole of these lands have been previously paid for by the Government, it is absolutely necessary that the utmost economy should be exercised in making a payment to the few Natives resident on the lands, as I find on enquiry that they also participated in the payments made to Nagatipaoa and others.

In all cases where lands have been purchased, and a fair price given to the Natives, it appears to me that a nominal sum is all that can be considered as justly due to those claimants whose rights from various causes may not have been recognized at the time. I mention this that you may bear it in mind in any future negotiations of a similar nature. I have been particularly anxious to avoid taking you away from the important duties you are now engaged upon, and am anxious to know when you have completed the arrangements for the blocks now being surveyed by Mr. Sinclair, in order that a definite report may be sent in to the Government on the land purchases in your district, and also what progress you have made in your negotiations for Parua Bay.

No. 18.
Mr. Brissenden to the Under Secretary, Native Department.

I have at last succeeded in clearing away the many obstacles attending the purchase of 20,000 acres of the Pakiri Block; the right to cut kauri for thirty-one years had been ceded to Stannus Jones and Co., who had paid the Natives £400. I have however, purchased land and timber, and am about to conclude with the owners to-day for the sum of £1,600 to the grantees, and £50 to outside claimants. I have further to inform you that I have purchased a small block of 520 acres, named "Owhetu" the greater portion of which is in forest), for the sum of £100. Accounts and vouchers will be forwarded by first opportunity. Please notice by this that I shall require a further sum of money immediately. Other blocks are in course of negotiation.

No. 19.
Mr. Brissenden to the Under Secretary, Native Office.

In reply to your telegram No. 588, dated 29th instant, I have the honor to forward, as directed by you, deeds and agreements, by Native and other owners, of the blocks of land specified.

In regard to the Pakiri Block, I desire to point out that it contains over 31,000 acres. The agreement is signed by Arama Karaka, and Mr. John Sheehan as trustee for Wi Apo, an infant, and by Hori te More, claimant, to succeed his son Panapa, deceased.

There is one grantee who has not yet come into the negotiations. I have good reason, however, to believe that I shall succeed in obtaining her consent as well; but in the meantime the present agreement gives the Government two-thirds of the block, containing all the best land, and comprising that portion of it through which the main road from Mahurangi to Port Albert is now being constructed by the Public Works Department.

The usual "runangas" have been held on the block, and all parties have agreed that the land shall be equally divided, and that Hori te More shall succeed to Panapa. This secures to the Government two-thirds of the block, as above mentioned; and as soon as Judge Rogan, now in Auckland, makes the necessary order of succession, the title will be legally complete.

To return to the portion of the Pakiri Block purchased, I may state it is the best portion of it, as it contains several thousand acres of fine alluvial soil, watered by the Hoteo River, and offers the best site that could be found north of Auckland for a special settlement, the distance from steamer at Mahurangi being only eight or nine miles from the centre of the block.

The price paid is £1,650, a low rate when we take into consideration that the land is surveyed, and through the Court.

I found it impossible to deal with the Natives at first, on account of the demand that the whole of the purchase-money should be paid in full at once. However, it was ultimately settled in this way: £850 was paid into the hands of the Natives, and the balance, £800, was lodged in the Bank of New Zealand by me, in their presence, to a special account—namely, the Pakiri purchase account—as per enclosed agreement, so that I hold the sum of £800 in trust till the title is made complete by the action of the Native Land Court.

The £50 additional to that mentioned in the agreement was for the purchase of outside claims. The receipt (voucher) I have sent to the Hon. the Colonial Treasurer.

I also enclose the deed of the Ara Kiore Block, 470 acres, which has passed through the Native Land Court under an interlocutory order, which I think quite sufficient for Government purposes.

I have sent Mr. C. E. Nelson north with £400 to pay deposits on Muriwhenua, and other blocks of Native land under negotiations. I hope to be able to follow him in a few days on the receipt of necessary means.

You will notice that I have not been able to confine my transactions to the blocks of land only for the purchase of which I sent in requisitions for money owing to delays in getting the Native owners together when I required them; so I have used the moneys on the purchase of other blocks. It would, greatly assist my negotiations if I could have a sum of money on hand for general purchase advances on lands that are likely to come under my notice from day to day.

I therefore enclose a requisition for £1,000 for general advances on account of land purchase.

The Taungako Block of about 5,000 acres, now under survey will be finished in a few days. I hope to send you particulars by next mail.

No. 20.
Mr. H. T. Clarke to Mr. Brissenden.

I have the honor to return herewith two deeds, as per margin, and to draw your attention to several matters which you have omitted.

All instruments of disposition by Natives of land to persons other than of the Native race are not valid, unless previously explained by an interpreter, under the Native Lands Act, 1873," and the signatures attested by a Resident Magistrate or a Judge of the Native Land Court, and one other adult credible witness. This has not been done in either of the cases under notice. The interpreter should endorse on the back of the deed a clear statement in Maori of the contents of the deed, and sign it. This has not been done. The interpreter should then record a certified copy of such indorsement in the Native Land Court of the district in which the land affected is situated. I enclose herewith a specimen deed which will perhaps more clearly indicate the proper course to be taken, and request you to refer to section 85 of "the Native Lands Act, 1873," where instructions as to the proper execution of deeds by Natives are definitely set forth.