NATIVE LAND PURCHASES COM MISSION.

Otago Witness, Issue 1476, 28 February 1880, Page 13

NATIVE LAND PURCHASES COM MISSION.

The Middle Island Native Land Purchase a Eoyal Commission commenced its Bittings at the Foresters' Hall, Port Chalmers, on Wednesday the 18th at 2 o'clock. The following gentlomen constituted the Court :— Ex- Judge Smith and Mr F. E. Nairn, commissioners ; Mr Hopkins Clarke, secretary and interpreter ; Mr James Grey, of the " Hansard " staff, official shorthand writer.

The Native claimants were represented by counsel in the person of Mr C. B. Iz«d, of Wellington. A very largo number of Natives were present— considerably over 100. Amongst them were the chief Horo Kerei Taiaroa, and oth«r leading personages. Mr Lsard, for the Naiives, addressed the Court at considerable lonffth, and in doing so called their attention to a mass of evidence published in tbo appendix to the 12th Keport of the New Zealand Land Company (called the Fat-booh), the Blue-books published by the New Zealand Government, and Mr M&ckfty's book on the Native claims. He stated tbat prior to the New Zealand Company obtaining an Act from her Majesty's Government empowering them to purchase Native lands, they had assented to a condition stringently imposed upon thorn by the Government of the day, both under Lord John Russell and Lord Stanley— that was to say, that one- tenth part of all lands purchased from the Native race should be specially set apart and reserved fori.hem, in order that they might be induced to learn the arts of civilisation from the Europeans who should take up land. The learned counsel went on to say that the very land on which the Commission was now sitting had been purchased by the New Zealand Company on these conditions, and that he should show that thfl Natives had been badly treated by Colonel Wakefield in the matter, although he had been officially informed both by tho Home and Colonial Governments that the arrangement respecting the reserves naust be strictly adhered to; The land in Otrgo had been purchased by Cap tain Symonds, who had, however, only acted as purchaser for Colonel Wakefield, who was the representative of the New Zealand Company, whilo , Captain Symonds was the officer representing tho Government, and who superintended the sale. It was the policy of the Company to reserve certain blocks of tha land so purchased from the Natives, in order to induce them to settle down in the midst of the European rsce and so become civilised. Tho prospectus is?ued by the Company showed this to be the ense, and it was also known that considerable difference of opinion had existed between the Euglish Government trnd the Company in the year 1839, whan Colonel Wake field was sent out in the whip Tory, aud it was not until 1840 tbafc they pucceeded in obtaining a c'uartsr of incorporctiou from her Majesty's Government. Mr lzard here read copiouß exfcrautß from tho appendix to the 12th j Eeporfc of tjjo Company, and, pointedly]

quoted page 5 0. in which Mr Vernon Smith wrote Mr Soame3, chairman of the Company, transmitting a draft of the conditions insisted upon by Lord John Russell as being imperatively necessary to bo complied with by the Company prior to the Government granting it a charter. THs letter was dated November 18i,h, 1840. Clausa 13 of the Fatbook definitely showed that her Mfje=ty s Government had expressly stipulated that cerUin re servations of land for the benefit of tbe Natives Rhould be strictly carried out _ And tlr Soamea, tho chairman, replied to tbi*, stating that the directors were qnits prepated to carry out such an agreement. The instructions issued by the directors to Colonel Wakefield wer« to tbis effect : That a portion of all lands sold by the Natives should be reserved, and restored to the chief families of the Native tribes. Thii, however, was not to be in large blocks, but in pmall pit C3B, in order to give them an opportunity of settling down iv the mulst of the Europeans ; aud thia stipulation wan atriofciy ordered to be inserted in every contact. Ihw had been done both in Wellington arid Nelson, and the only exc-plion appeared to be Otago. The choice of the reserves in Wellington on the part of the Natives had been ma^e in London, and the blocks nelected aft.TWiirda in the Colony. Cautain Hall Smith had actcrl for tbe Natives in London, and this fact wns euffiaioiit to prove that tho Coinpuny had recognised the liglt 1 } of tbe Nativts S'i^scquantly to thu tho Company got into diffiouhi^B, and actually attempted to procure l)»w*r from the G jvcrnment to permit ihom to liledge the Native reserves. Lord Stanley, however, demuriTd to this, and pointed out tbafc it wouM be manifestly unjatt to the Natives, and a breach of faith on i ha part of the Government, if they permitted such a thing to be done. Mr Izard then went fully into the drftails connected with the purchase cf the Otago block from its Native possessors, and quoted Mackay, vol. I, page 95 ; ha also read a letter from Mr Hamilton, which insisted that the Company, in the purchase of such land, should strictly abide by the conditions made by her Majesty's Government; that letter was addressed to Mr Wakefield, the principal agent of the Company, And, in addition to this, in Maqkay's book V, page 97, there appeared a letter from the Superintendent of the South Island (Mr Eichmond) which set forth to tha Governor of the Colony that as the Company were about to purchase land in Otago, it was absolutely necessary that an officer should be appointed to aeleot the reserves for the Natives, and that in the event of his Excellency not appointing any person, tho Superintendent would delegate the offioa to Captain Symondo. After this Mr Wakefield visitod Otago, and made an offer of LI2OO to the Natives for the land. He waa unsuccessful, and finally Colonel Wakefield came down, aud ho it waa who purohased the land from the Natives, Mr Symonds, who was with him, simply acting on behaU of the aborigine", aod seeing that no iajustice was dono to them. The price offered for the land by Colonel Wakefield was L 2500, but the Natives demurred to this, particularly aa the whole of the blook known as the Peninsula was sought to bs acquired by Colonel Wakefield, while they had no wish to Ball it, and it was only on Colonel Wakefield pointing out to them that bits of land would be reserved for them that they eventually corseted to sell it. Tho reserves so pro. mised had, however, not been kepb for them despite the fact of Colonel Wakefield's distinct promise, and hi3 advice to Mr Riohmondthat lh?.y should be sat apart, aud it was evident that ho wished the Governor to make such reosrves when the land was surveyed for sale. The Natives therefore, he submitted, had an undoubted right to the reserves, or, failing tbe laed, to monetary compensation. It might be argued that Colonel Wakefield had no right to purchase land from the Natives, but,!as a matter of fact, the Crown waived its preemptive rights in a proclamation dated 14th March, 1845, which defined that one-tenth of the land purchased by any person should be conveyod to the Oifown for the especial benefit of the Natives. This was a special proclamation, and showed that the Crown should hold one tenth especially for tha benefit of the aborigine-). This was the right of the Natives in thofe clays, and this was the right they had not obtained ; but after hearing the evidence it would be for the Commission to define -,the amount of compenpation which in [honour and justice the Natives wore entitled to receive.

The deed of ceesicn was then put in, and was read in the Maori language by Mr Hopkins Clarke, the secretary and interpreter. Tho Court then decided to tak>3 the evidence, and Mr Iz-trd called

Mr J. G. Symonds, who deposed that the signature on the deed of cession produce J was in his handwriting, and stated tba', he was now a Judge of the Native Land Court?, and in 1844 he recaived instructions from the Governor to come to Ofajfo. Ho had been also informed tbat the New Zealand Land Company were desirous of purchasing land in Ol ago. He viaitod Otago with a Mr Tuckett, but nothing wag then dona. Afterwards ho caino again v?ith Colonel Wwkefiold, lin1 r ha ocboonor Deborah. This was Colonel Wivkefield'a first visit. Witness had previously been twice down. On the second viuit he waa accompanied by Daniel Wakefield. Ho had read Mr Mackay's book on the Native land quosticn at Otago. It was substantially correct. Mr Georga Clark, jun., and Colonel Wakefield cams down in the Deborah with him, A great many Natives assembled to meet them. The Native* were aware that he was about to return. On his arrival he found that Mr Tuckett had agreed to purchase certain pieces of ground for L2OOO from the N»tive3. Witness, accompanied by Colonel Wakefield and six young Natives, visited all the points of land set forth iv tho deed. The Natives understood they were parting with all the laud with the exception of tho part reserved. Witness had nothing to do with the negotiations as to tho sale or purchase, he was simply there to see fair play to the Natives. He had some trouble to get Colonel Wakefield to agree to the reservation of any land by the Natives. I recollect recommending that several pieces of special land should bo reserved, to be dealt wilh the Governor. In respect to the tenths it was at the tiaao impossible to reserve them, a<> tho land had not been surveyed. Colonel Wakefield fully understood that tho tenths were to be reserved for the Natives. Witneea bad no discussion with the Natives about the tenth 5 ;, and waa unawan tbat Colonel Wakefield had disclosed it with them. By the Commisßion : Mv G. Clarke accompanied me a3 interpreter, and hereadth<adoed of cession to the Natives, who were to occupy certain large reserves of lands at Otago Heads and other places macb by me for them. By Mrlzird: These reserves had nothing to do wil.h the tenths reterved by tho deed for the Natives, but to land specially sot apart for hero. , By the C jniinisaion : The negotiations were twica broken off, owing to the fact of Mr Tuckett being unable to agree with Mr D. Wakefield. The Natives then returned to Waikouaiti. Thoy were taken back by the late Mr JonflP. By Mr Izard : The purchase - money was puid to tho principal chiefs, wbo were to distribute it among the people. A certain balance of that money was scrambled for by or soattoreq

among the Natives. The prinoipal tram was paid to the chiefs Terawaiki, Karetai, Taiaroa, Pokini; tbe balance, about L3OO, was scattered. Ido not remember any violence or outbreak of temper among the Natives at that time. Karetai lost his money, but afterwards °By \he Commission: All the particular spots which the Natives desired to reserve from sale were reserved by me. By Mr Izard : I do not know of any land in Dunedui which the Natives wished reserved. Had thfy expressed such a wish, I should nave rts^md laodth*re. , , By cha Uomxnwiioner : I must have had some conversation with Colonel Wakefield respecting the rentes, but at this great lapse of tune I cannot tax my memory as to its nature. 1 was sent to Oiago to see that justicej ustice was done to the Natives. At this nta^e of the proceedings the Oomnitosion adj rarned until 11 a.m. next day.

The Commiwuon rtsumed its Bitting at 11 am o i Tnurstljiy. Tho first witnesi examined was Horomona Pohio, wbod--po3ed : I belong to thetribeof Ntfaif.ahu. I remember Mr Wakefield coming hare to huv land. I was living at Koputai (P.>rt Chalua-rs). Mr Wakefield was accom. paniort by Taiaroa. Karetfti, and Mr Tuckett. Mr Wakeh' Id was a surveyor. The people had all met to inpet Mr Wakefi'sld. The chief asked us to assemble at Koputai (Port Chalmers). Thennmuof thevesael Mr Wakefield came ia was the Kctia. Ho came to purchase land. The NaH veR asked what land he wanted to purchase. Karetai then rose and gave a boundary. The bounds given by Karetai were as follow : -Purehurohu, Maungatua, Taukuiha, OtaWa, Popotunoa, Tukata, Maitapipi, ? and W»ikjiroro, and then by the sea beacn to Hakiuikini and Pnporoa. Taiaroa consented to take the boundary aa thu3 described. Taiaroa then explained these boundaries givfn by Tuhawaiki. Examination continued : This was the land the Natives proposed to sell. Mr Wakefield asked what money they wanted for the land. He offered LI2OO. They objected to the price, and he said he would not give more, Mr Wakefield then asked to have the land divided into sections. Karetai, Taiaroa, and Tuhawaiki then told Mr Wakafield they would not let him have tho land. Mr Wakefield then said that if the land was divided into sections he would make them an offer. Mr Wakefield pressed them to divide the land into flections, and promised if they did to make them an additional payment. They would not agree to sell the land on Mr Wakefield's terms. That was all that took place on that occasion , The Natives would not agree to divide the laud into seotionu, and Mr Wakefield then went away, and tha Natives dispersed. Mr Wakefield did not go over the boundaries} Mr Tuokett did. Mr Tuckett had no Native* with him. The only Europeans that W6io here wag Mr Tuokatt and others bsloneing to the company brought by Mr Wakefield. About a month afterwards, Mr Wakefield came a second time. He arrived by the Deborah. Captain Symonda and Mr Clarke accompanied him. Witness did not know the other persons who came. Mr Tuckett had remained. The Natives met Mr Wakefield at Port Chalmers on his return. The same chiefs were present that were there formerly. There were a great number of Natives present. Those from Murihiku did not all come. The Natives asked Mr Wakefield how much money he was about to give for the land. He replied L 2400, and the land also should be divided into sections when Burveyed. The Natives then consented, as the land was to be divided into sections. Mr Clarke then read the deed of sale for the land. At the time the deed was read, I heard Mr Wakefield consent that the land should be divided into sections. I signed my own nameto the doad of cession produced. I was a monitor or teacher at that time, attached to one of the missionarieo. There was no map or plan at the signing of the deed. The partieß concerned walked over the boundaries. The Natives walkad over the boundaries after they consented to sell the land and had received the money. The deed of cession waa rea^ over to the Natives before they signed it. The pieces of land excepted in tho deed wora nol; sold. That part of tbe deed of ce3Bion was then read to tho witness, setting out the pieces of land mentioned in tho deed that were not The reason those lots of land were not sold was that when they negotiated with Wakefield these pieces were excepted. The arrangements as to these reserves were agread to by Wakefield on his second visit. The Natives told Wakefield they did not wish to cell certain parts of the land ; these were Natives living on the pieces of land reserved. At tho time of the negotiations with Wakefield, the bsundary commencad with Parehurflim. The boundary on the BPasido was Pikiwara. Pukotai was also one of the bound irierf. The further examination of the witnes^was postponed on account of his severe indispohifcion. Rawiri Td Mairo, sworn, deposed : I wns at Waikouaiti when Mr Wakefield first came down. He arrived by the Scotia. I belong to the Ngaitahu tribe, and the Ngftitemamoe hapu. Mr Tucketfc, Tarewaiti, and Taiaroa accompanied Mr Wakefield to Waikouaiti. The chief* remained bahind, and Mr Wakefieid proceeded 1o Pert Obalmera in the Scotia. I came on by lv>a', lo^ef ec wish other Natives, Karfttaiwliß hose at; the Heads. Thepcople from Waikouaisi met the other Natives at; P^rl; Cha'mtT*. When Ui-y arrived here Vwey cosnmauced talking about the lands. They talked about th« boundaries here. Tnvuroa, Kaietai, and otliets t-jlkec?. They mw di*cus«tii.K «>ij bound*.? iiw with Mr Wakeii Id. Mr Vuokett wa< the<r. Mr Scott wa.B tho interpreter. I beard tho conversation. It v/.-.B tt en about tho twjdaties. (Tho witness ]i«-!\> ualr.6'l th« inland and coastal boundaries.) Tin* chief Karetai nnmfd Pukatai as the termiuaiinn. of the bouudnriH*. Puketai is tLe narrowest pait of ibe lar.d '^tween the harboiu? of Otaso and (ho Ocean Boach. Mr Wakofittld wanted to purchase tho land up to Taiaroa Heads. Hera the conversation endod. The question was asked Mr Wnkafiold, " What will you give for tho land?" Ha answered, LI2OO. The Natives would not part with it for tbat sum. They told Mr Wakefield he would have to give an oil • barrel full of money ■ for the land. A large barrel was lying about tbe place at the time. Mr Wakefield then went away ; he roturned in about three weeks or a month. On his return in the Doborah, the chiefs and Natives met him again. The land was again bargained for, and comprised the same boundaries. Mr Wakefield waa satisfied with the land the Natives wished to sell. At fir3t the Native's demarred to taking L 2400 for tho Hud. Upon this Mr Wakofield Raid he would raturn a portion of the land which he wanted to buy, to the Natives. Mr Wakefield explained that certain blocks would be reserved for tUo Natives from the land puzcha>cd. After A'! r Wakofield mentioned the reserves, tbe Natives agreed to take the price ha ofi>rod, and to sell tbo land. Witness knew nothing of the signatures to tbo dosd of csesion. Hobjiw the purchase-money paid, It was recoived by Taiaroa and Karetai. Ho personally receive^

a part of it afterwards. L2OOO was paid to the ohiefs, and the remaining L4OO divided among the people. The Court adjourned at 4p.m. t until 11 a.m. on Friday. _