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Pages 1-20 of 47

Pages 1-20 of 47

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Pages 1-20 of 47

Pages 1-20 of 47

C—No. 3

REPORTS RELATIVE TO LAND PURCHASES AND THE CONDITION OF THE NATIVES IN THE MIDDLE ISLAND.

Return to an Order of the Honourable the House of Representatives of the June, 1858.

(Mr. Hall.) "A RETURN of any Official Correspondence respecting any recent PURCHASES of LAND "from Natives in the MIDDLE ISLAND, and respecting- the CONDITION of the "NATIVES in that Island." C. W. Richmond. Treasury, 12th August, 1858.

2

Nelson, Bth March, 1847. SlK,— In order to carry out the instructions which I received from your Excellency, at Wellington, on the 19th of last month, I have the honor to report that I proceeded in the "Victoria" brig, in company with Mr. Fox, the New Zealand Company's Agent at Nelson, to Port Underwood, where we arrived on the 20th ; and made arrangements with some whalers to take us to the Wairau river. In the course of the day I visited a party of Natives, some of whom had just returned from thence ; and ascertained that I should not find any people residing there. They themselves were not in the habit of residing at the Wairau, but about six weeks previously twenty of their number went to cultivate potatoes, and had, as far as I could learn, planted from 3to 4 acres. They also told me that no one had resided permanently in the district since the Rangitani Tribe was conquered and taken captive from it by Rauparaha and his people the Ngatitoa ; except a party of fugitives, consisting of nine individuals of the conquered tribe. These concealed themselves after the fight, but have gradually emerged from their hiding places, and scattered themselves over the country. The Natives date the attack of Rauparaha about ten years back. They likewise said that it had been the intention of the Natives to cultivate land at the Wairau at the time of the massacre; but that, after it had taken place, the district was considered as sacred. To obtain permission to cultivate as much as they had lately done, they had sent messengers to Rauparaha, who failed in seeing him, in consequence of his being taken prisoner by the Government ; but Puaha, in the absence of the other Chief, gave them the liberty of doing what they required. Mr. Jenkins, a gentleman connected with the Wesleyan Mission, who assisted me at the interview with the Natives, informed me it was his own and the general impression in the neighbourhood, that these people had recently gone to cultivate at the Wairau, merely to strenghthen, as they supposed, their claim to the land, having heard that the Europeans were again turning their attention to the district. Mr. Jenkins resides near the Pa, and would be likely to know the sentiments of the Natives. Their former intention of cultivating, at the time of the massacre, had, it is supposed by Mr. Jenkins, the same object in view. From all I could learn, it would appear that the Wairau district has been very little used or occupied since the expulsion of the Rangitane tribe. The Natives residing at Port Underwood, and with whom I had communication, consist of 20 men, and about the same number of -women, belonging to the Ngatitoa tribe ; and 9 men and 1 woman of the Rangitane tribe. The latter are the slaves, but one of their number, Kaikora, has acquired much influence, and may now be considered the head man of the little settlement, being referred to on all occasiers ; when I requested the people to tell me the boundaries of the Wairau district, he drew a plan of the coast on the ground—naming each place. I endeavoured to obtain the inland boundaries, or limits; but the Natives and Kaikora seemed never to have given them a thought, and looked upon my inquisitiveness on this point as useless and troublesome. The boundaries of the Wairau district is described by Kaikora, and the Natives residing at Por Underwood. The same people gave me the following list of the owners of the district as described above. They are all of the Ngatitoa tribe. They have no particular portion set apart for each, but have a joint interest in the whole. The consent required of Puaka, Puaha, Nohoroa, Rauparaha, Martin, and Nohoroa (Waterhouse) Thompson, Te Kanae, Rangihaeata, Tamaihangia, Pukeko, Pukekowhatu, and Pikiwau (or Te Wawhanua, a rebel) In addition to the above list there are many who have claims ; but these are the chief. I was informed by the Natives at Port Underwood that the Ngatiawa tribe from the Waitohi in the Sound have lately been cultivating on the Tuamarino, a branch of the Wairau river; and that they (the Port Underwood Natives) drove them off and destroyed their cultivations. As the weather proved unfavorable for entering the Wairau river, and the men we had engaged to take us considerecUfchere might be no opportunity of doing so for some days, we abandoned the original intention of ascending , the Valley of the Wairau from tke sea, and determined on entering it from its inland extremity and following its course downwards to Cloudy Bay. For this purpose we proceeded to Nelson, and set out, accompanied by three Natives and one of the New Zealand Company's surveyors, Mr. Budge, who had lately been engaged in cutting a line from the Nelson District into the Wairau. We followed his route, which keeps on the west side of a range of mountains stretching to the south of Nelson, and separating the Wairau from the Waimea. A walk of 40 miles brought us to

3

C—No. 3

a wooded pass leading into the former valley, and other 10 miles brought us to the valley itself. Where we struck it, the breadth is not more than half a mile ; but there is a gradual increase in width towards the sea, for 38 J miles, when it suddenly expands into a plain 18 miles long by 7§ miles broad. Messrs. Cooper and Morse have established a sheep station at the head of the valley, and have about 1000 sheep there. The lower part of the Wairau near the sea is subject to floods in the winter, and will require extensive draining ; but the plain is in general well adapted for agriculture. The upper valley and hills afford the most abundant pasture, and are better suited for that purpose than for agriculture. The limits of the Wairau District, as described by the New Zealand Company's Agent, are the same as given by the Natives ; but it was not intended to use the great mass of mountains included within these boundaries. The quantity of level land available for agriculture and pasture is 128,000 acres ; made up of the following items :— Great Plain 80,000 acres—available for agriculture ; requiring some draining near the sea. Wairau Valley 28,000 acres—chiefly valuable for pasture. Kaip'aratehau . .20,000 acres—ditto, ditto. 128,000 acres. In addition to this quantity, there are 240,000 acres of hill pasture, beside an equal area occupied by mountain ranges. Throughout the district, with the exception of the head of the valley and the vicinity of the sea coast there is a great deficiency of wood for fuel or other purposes. The means of communication between Nelson and the Wairau, by land, at present consist of a good cart road for 17 miles, and a horse-track for the remainder of the distance, 33 miles. The horsetrack crosses four considerable streams, two steep ridges of hills, and passes through 10 miles of forest. It could not be made passable for carts without much expense ; and would most probably require to be changed for some miles of its course, if an undertaking of the kind were contemplated. This route strikes the valley of the Wairau at 56 miles from the sea, and at 50 miles from Nelson. Horses have been lately taken by it into Cloudy Bay down the Wairau, by keeping on the eastern side of the valley. There is another approach to the Wairau, which leaves the town of Nelson and follows the Maitai river to the eastward, passes through the valleys of the Pelorus and Kaituna, meeting the great plain at 11 miles from the sea. The length of this track is 50 miles. Up to the present time, only two persons on foot, accompanied by a Native guide, have penetrated it, and they reported it to be very difficult. It is very probable that another line, midway between these two may be discovered through the mountains at 16 miles south of Nelson ; which would shorten the distance to the Wairau from 50 to 30 miles, and at the same time enter the valley at a convenient point for every purpose. During my journey in the Wairau District, both in the valley and plain, I saw no traces of Natives, or of their cultivations. There were no indications whatever of their having occupied the land, except near the sea coast ; and I could not discover the place they have recently cultivated. This I might have been able to effect if I had not been disappointed in obtaining a guide from Port Underwood, —my own Natives were strangers. The journey from Nelson to Cloudy Bay, and returning, occupied 10| days, but with horses it might be accomplished in 7. The sketch of the route which I have made, connecting Nelson and Cloudy Bay, shewing the whole length of the Wairau Valley, I will forward to your Excellency in a few days, as I have not had time to copy it since my return on the 6th instant ; I have, &c, (Signed) Cn. W. Ligar, Surveyor-General. His Excellency the Lieut.-Governor, &c, &c, &c.

Wellington, January 30th, 1849. Sic,— I do myself the honor to transmit to you, for the information of His Excellency the LieutenantGovernor, the following Report of my mission to New Muaster as Commissioner for extinguishing the Native Claims in the block of land there purchased by Mr. Commissioner Kemp. Having left Akaroa on the 15th August, u1t0.,1 proceeded down the Peninsula to the northern part of the plain, and reached the boundary, Kaiapoi, on the Ist September. The Natives (Kaituhauriri) who had accompanied me, had mean time, retarded and embarrassed me to the utmost of their power. At the old Pa of Kaiapoi I listened to many speeches from the Natives, principally on the subject of the Ngatitoa boundary, which, they said, should be north of Kaikoura; and from the Natives actually residing on the plain, complaints that they had received no portion of the last payment. They also continued to assert obstinately, as they had previously done at Akaroa, that the land between Waimakariri and Kaiapoi had not been sold by them, and that they were resolved to retain it. On the afternoon of the 2nd September, the meantime having been spent in discussion, I commenced laying out the Tuahiwi Reserve. All the Natives present agreeing to the limits as I

4

described them. On Monday the survey was continued, but closed early, in consequence of the misconduct of a young man named Metehau, —who afterwards returned to the camp,—set fire to our hut, and was about to attack me with a tomahawk when he was stopped by the Natives. At daybreak the next morning he left for the Peninsula, and the survey concluded on the 7th. Having left a rough plan with Aperahama te Aika, at Rua Taniwa, we returned to Waimakariri, and set out a Reserve (No 2) of about 5 acres, —a plan of which we gave to Tainui. I further promised the Natives that the old pa, Kaiapoi, should be reserved by the Government, so that neither Native nor European might dwell there. It is about four acres in extent, and unsurveyed. Leaving plans of the Reserves, (copies of which I enclose), 1 and 2 at Port Levy, with Horomona Iwikau, to be delivered to Paora Tau on his return from Wellington, I reached Akaroa on the 15th of September. Kaiapoi, prior to its destruction by the Ngatitoa and their allies, having been the head quarters of the Ngaitahu, and the source from which issued successively the war parties, which, proceeding throughout the Island, virtually exterminated the Ngatimamoe,—the land around it has been densely populated; and the proprietorship is more minutely divided than in any other place which came within the sphere of my operations. Now, however, there are, including the Kaikainui census, not more than forty resident Natives between Kaiapoi and the Waikirikiri. Most of the Natives resident at Port Levy and other places on the Peninsula belong to, but do not occupy the district. These, and, (at their request,) those living at Moeraki and Murihiku, I considered in making the Tuahivvi Reserve. The principal men appear to be Paora Tau of Port Levy—and John Tikao of Akaroa; the latter, however, of questionable rank, but raised into notice by a little knowledge of the English language, and a great amount of audacity towards Europeans. Having completed my preparations, I sot out southward, and reached the small wretched settlement of Te Taumutu on the 23rd September, passing Wairewa, a small Kaika within the French claim. Here I had very little difficulty, Taiaroa and Maopo, the principal men of the place, hav'ng secured a share of the payment at the last distribution. Accordingly, after taking the census, I set apart the reserves (6 and 4) in the accompanying map; one or two gardens beyond the limits to be abandoned. I cannot here omit to mention that Maopo's house, court-yard, and gardens, were distinguished by great cleanliness and neatness, and that he conducted himself extremely well. Tiaki Tai, another leading man, was with his family absent on a visit to the south. On the 30th September we left Te Taumutu, and on the sth October reached the settlement of Waiteruati on the Rakipawa, having travelled with Tarawata, the principal man among the resident Natives. At the last payment Tarawata and his father Te Rehe received £20 between them, and this appears to have been the only sum received by the resident Natives here. He complained much of Horomona Pohio whom he accused of having appropriated an undue share of the payment for this place. During the progress of the surveys of the three Reserves at this place (of which I enclose a plan) Tarawata's influence appeared unquestionably predominant. He is a man of great determination; and, when roused, of ungovernable temper, but conducted himself throughout my intercourse with him in the best manner. He much wished me to reserve for him a spot inland of Timaru, where, he said, was a cliff of coal; but, as he refused to accompany me to the place, I was compelled to confirm my already expressed refusal to do so. Hence, in company with Tarawata and Taiaroa, who overtook us at Waiteruati, we went on to Timaru; and, after a day's detention by bad weather, surveyed the Reserve at Caroline Bay. As there is no water here in summer, save in a hole called Ponuihine, I guaranteed to the Natives the right to fetch water thence, in common with Europeans. The plans of this and the Umukaha Reserves are lodged with Tarawata. The boundaries claimed by the Umukaha people are from Hakatire to Makikihi, south of Timaru. The former is undisputed, but the southern part, to the lagoon Puarau (near to Umukaha) is claimed by Horomona Pohio and John Topi, I have myself, after carefully weighing the conflicting evidence, placed Tarawata's boundary at, that is to include, Motumotu whaling station; leaving the waste lands beyond to be included in the Waitaki payment. On the 20th October we took leave of Tarawata; and with Taiaroa resumed our journey south; — and on the 23rd reached Te Kapa's Kaika, Tauhinea, near the north bank of the Waitaki—this Kaika consisted of two huts, a wata, and a grave. The Natives were all absent, not having returned from Waikowaiti, whither they had gone with a hakari. We had depended on replenishing here our stock of food, but found none. I therefore next morning sent the party inland to make Mokihi's opposite to a Kaika, about six miles distant, which some men sent to explore had discovered over night;—and remained while Mr. Wills set out a small Reserve round Tauhinu, including the huts and cultivations. This I did, to avoid, if possible, the necessity of re-crossing the river. Rejoining the party, we safely passed the stream on a mokehi, found the opposite Kaika deserted, and no provisions but two baskets of potatoes. As Huruhuru, the Chief of Waitaki, was expected daily, I remained here a day, and then proceeded about thirty miles south, to Mr. Suistead's station at Otepopo; where, having sent an express to the Natives, I remained till the 3rd November, when Horomona Pohio came as representative of Huruhuru, detained at Waikowaiti by influenza. With him and several Natives, some belonging to Waitaki, I returned thither, and reached Te Punaomaru on the 7th. The next day we set out the Reserve at that place, of which I enclose the plan; and on the next I also reserved for the Natives the wood on the west bank of the Waikoura, on a precipitous gully, of which I did not deem a survey necessary. To Te Warekorari and Ranitawine, who, with their families, live 36 miles inland, at Te

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C—No. 3.

Hakataramea, I promised that a reserve should hereafter be made there for them; cautioning them gradually to concentrate their gardens round their kaika, and permitting them for the present to continue to use those maras which they stated they had on the way thither. The plans of the above reserves I gave to Huruhuru at Waikowaiti. So far as I could learn, the Natives living on the Waitangi received no share of the last payment; Horomona Pohio having taken what little was allotted to that place. On the 10th we reached Kakanui, where I reserved the land mapped in the accompanying plan. The head man here, Rawiri te Mamaui, who has the Native plan, is a quiet and well-conducted Native. On the 14th November we reached Moeraki, and found there Paitu, one of the owners of the place, who had come in consequence of my letter. He expressed himself much hurt at having received no acknowledgment for his land, nene of the last payment having reached the right owners at Moeraki. He further wished the reserve to include all the valuable part of the beach, and all the Europeans' houses and cultivations. As, however, he is a quiet, and rather well-disposed Native, with much of the chief about him, I succeeded in bringing him round to my views; and on the 21st Mr. Wills finished the survey of the reserve (No. 12) of which I enclose the plan. As this reserve contains no timber fit for sawing, I went the next day to a wood called Te Kuri a few miles north of Moeraki where we set off ten acres of timber for the Natives ; —the land to remain the property of the Government. Very few of the Natives occupying Moeraki belong to this place, the major part having come from Kaiapoi and the Waipara country. They appear to be dying off very fast; which may perhaps be attributable to the stagnant pool which in winter collects in their pa, and to the want of fresh water, there being none within a mile or two of the Kaika. From one of them, the Wesleyan teacher, and principal man of the place, Matiaha Tiramorehu, I received the greatest support and assistance. Their cultivations are very extensive and very well managed. On my offering them their choice, whether to remain or go to the Kaiapoi reserve, they preferred to stay, as they had buried many of their relations at Moeraki, The plan of this and of Kuri timber reserve are with Matiaha. My own copy I enclose. • Leaving Mr. Wills at Moeraki to complete the maps, I set out on the 23rd for Otago, to endeavour to procure Colonel Godfrey's reports; but, failing to obtain them, I returned to Waikowaiti, which 3* reached on the 28th, having, while at Otago, dispatched a boat to Ruapuke for John Topi* and Kihau. The next day I took the census which I enclose; and the following day visited the cultivations, which were as inferior to those of Moeraki as the houses to those of the same place. The next day I set out with the Natives to arrange such a line round the Europeans' houses and gardens as might if possible include them all, without interfering with the Native cultivations. Finding them in some places so intermixed that this was impracticable, I resolved to omit some, if I could thereby obtain a more regular boundary. The Natives, however, declared that nothing but Mr. T. Jones' house and garden should be excluded from the reserve, and that all the rest must be left for them. I tried an experimental line with flax stalks, leaving out many white men's cultivations, but not in the slightest degree interfering with those of the Natives. On its reaching a rise above Mr. Jones' paddock, Kahuti became furious, and Horomona and Haereroa (Tommy Roundhead) sullenly silent. As they would not listen to reason, I adjourned the affair till the next day, begging them to consider well in the meantime. The next day at daybreak the whole population went off to cultivate, and would not attend to business: this was a plan of Horomona to prevent me from completing my arrangements with them. As the Mission Station is close to the pa, I asked the Missionary, Mr. Creed, whether he would prefer that it should be included in, or left out of, the Native Reserve; he begged me, if possible to include it in the Reserve. On Monday the 4th we commenced by running a line across the neck of " Island Point," —and then, with the Natives, proceeded to mark off that part of the river frontage uncolored in the accompanying plan: this done, I led the Natives to the spot where our Friday's conference ended, and asked them if they were, or were not, prepared to consent to my boundary there. They replied that their wisfrto expel the Europeans was unchanged. I then told them, that, as I could not be a party to what appeared to me so unjust, I should leave the question of the extent of land to be at this place cut out of the Reserve to be decided by His Excellency the Lieutenant-Governor; and that I would now point out the extreme limits of the Reserve: these had been sketched on the maps by Mr. Wills, and after I had carefully explained them, we set out for Green Point (Te Awakaihaia) with Kaputi and Rawiri te Mamaru, whom the Natives deputed to attend us. Here we marked distinctly and firmly the beginning and direction of the boundary line. The next morning we went inland and laid out the inner line. Solomon Pohio and the rest pretended to be much excited at the direction of this; but as I was aware that their dissatisfaction was merely feigned; and well knew that the slightest concession would only increase their demands, I adhered to the line I had proposed. On the next day, Wednesday, 6th December, Mr. John Jones made his selection of 2560 (Two thousand five hundred and sixty) acres in three blocks. Having approved of his selections, they were marked and certified to by Mr. Wills on Mr. Jones' plan, which I signed and returned to him. A copy of this I enclose. On the morning of the 7th I explained to the Natives the reserve map, and delivered it to Haereroa; and the same afternoon reached Purakaunui by sea and took the census. The Waikowaiti Natives throughout my negotiations with them shewed a sullen determination to

6

oppose the settlement of Europeans near them. Korako, the principal man, is now too aged to exert himself much; and Haereroa behaved with a gloomy civility, not often interfering actively in the proceedings. The principal leaders, therefore, wore Horomona Pohio and Kahuti; the latter an exciteable mercurial man, scarcely «ble to view anything seriously; the former one of the most sullen evildisposed Natives I have met with, reminding me much of John Tikao, though, from his youth, less audaciously insolent. I must own, however, that throughout the transactions they seemed to be advocating not. so much their own views as those of some person by whom they were influenced. So unnecessary to them is the piece of land reserved for His Excellency's decision, that I must earnestly recommend that it be omitted from the Reserve. Huruhuru, a fine old man whom I met at Waikowaiti, deputed Horomona Pohio to receive the Waitangi payment; the latter not wishing to go to Akaroa, Kahuti and Rawiri to Mamaru were appointed by him and the other Waikowaiti Natives to accompany me. At Purakaunui I had no difficulty: in company with Noa Paka, the principal young man there, we laid off the reserves in the accompanying map,—a plan of which was given to him; and reached Otago on the 9th December, where I remained until the 21st. On the 12th, John Topi and John Kihau arrived from Ruapuke in a fine sealing boat. I gave them, on behalf of the Government, some provisions and sent them on to the Maori kaika at the heads. A few days afterwards I visited that place to hear and adjust a land dispute between Taiaroa and the Southern Natives, and to make out the list of those who should accompany me to Hakaroa. After waiting there two or three hours Taiaroa, Kaikoariri and Potiki arrived perfectly drunk, the former threatening to kill me, unless I at once left the kaika. On my return to Port Chalmers I wrote on the subject to the Sub-Inspector of Police, requesting him to endeavour to ascertain and prosecute the person who had supplied the spirits to the Natives. On the 21st December, having arranged with the agents of the schooner " Dolphin" for passages for myself and fourteen Natives, (of whose names, I enclose a list,) I embarked for Akaroa, and reached that place on the 23rd. On enquiring of the Resident Magistrate, I was informed that the money for the second instalment, payable on the 12th December, had not arrived: accordingly on the 26th I permitted the Natives to disperse to the various settlements on the peninsula to await the daily expected arrival of the funds for distribution. I here received from the Resident Magistrate a communication from His Excellency the LieutenantGovernor dated October Gth, 1848, altering in some points the instructions on which I had been acting. As the time wore on, the Natives tired of waiting so long away from their homes, repeatedly urged me to dismiss them: lat length agreed that, should the money not reach me before the 12th January, I would, if they wished it, let them leave on that day, and request the Lieutenant-Governor to suspend the payment of this instalment till June, 1849, or even until December following,—so that the sum might be larger; and further ask His Excellency to allow the portion due to the proprietors of the Southern part of the block to be distributed at Otago,—a place more central to the whole than Akaroa. The schooner " Harlequin" arriving on the 13th January rendered it unnecessary to carry out the first part of the above arrangement, as I learned from the master that the money was to have been brought by him. On the 17th I had the honor to receive your letters, numbered and dated as per margin, announcing the issue of £500 (Five hundred pounds) to the Sub-Treasurer at Akaroa, and I was informed by him of its safe arrival. I immediately sent off an express to summon the Natives; and on the 20th sufficient were assembled to discuss and settle sundry disputed claims to land in the Southern portion of the block. Having fixed Monday the 22nd for hearing what the Kaiapoi Natives might wish to say, and the evening of the same day for the payment, I early on that day re-opened the business. The Ngaituhauriri (Kaiapoi) headed by John Tikao behaved with their usual insolence. At this I was not surprised, having always found it the case with Natives among whom there is any considerable proportion of returned slaves. I took an early opportunity of informing them that in justice to the other claimants, and in obedience to my instructions to make what I might deem a fair and just division of the money, I could not allot to them so disproportionately large a share as they, taking advantage of the Commissioner's ignorance of the comparative extent ©f their claims, had secured at the last distribution. On their requesting the information, I told them I had fixed the amount for them at £70 (Seventy pounds) and that for Te Taumutu at £60 (Sixty pounds). On this they indulged in a series of most excited speeches, urged on by their ringleader, John Tikao, aided by a war speech from Taiaroa in which he called on them not to mind Queen or Governor, but, like the Northern Natives, to fight for the land: immediately after, he came to me in private, and begged me to attach no importance to what he had said; and offered, if I would add £40 to the £60 for Taumutu to make the whole affair run smoothly. I should state here that I had, immediately on my arrival, secured the cordial assistance of the Resident Magistrate to prevent the sale of intoxicating liquors to the Natives. I have been credibly informed that after the last distribution there were at one public house two men constantly employed from morning till night in serving the Natives with spirits. Had the Natives now had the free use of ardent liquor, the consequences might have been deplorable, Finding that the Kaiapoi Natives insisted on claiming the same amount as they had received from Mr. Kemp (£250) I proposed to distribute the payment to the representatives of other places, but was

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C—No. 3

immediately told by Tikao, Te Uki, Kaokao and the rest, that, if I did so, they would attack the Southern Natives. The next day the latter, one after another, came forward and requested me to give them the amount due to them; but as the turbulent part remained in the same resolve as the day before, and it was very clear that a disturbance must ensue if I persisted in making a partial payment, I abandoned the idea; and in the afternoon arranged with the well-disposed mem that they should remain at Akaroa until the Lieutenant-Governor's decision on the question should be known; while I, taking with me John Topi of the Southern, and Matiaha Tiramorehu of the Northern Natives, would at once set out for Wellington. Before leaving I requested the Resident Magistrate to supply provisions to the Natives who had accompanied me from Otago: pointing out the necessity of a second supply should an unexpected long interval occur before the receipt of His Excellency's decision. The next morning (24th January) I left Akaroa and reached Pigeon Bay: here a north-east gale detained us during the rest of the day, as my intention was, if possible, to overtake the cutter " Fly," which I could not hope to do by land. A southerly gale having , sprung up in the night, we embarked next morning in a whaleboat and after a rapid though dangerous run came up with the " Fly" at the heads of Port Cooper, underweigh for Wellington. Mr. Fox, the principal agent of the New Zealand Company having politely consented to receive us on board, we embarked, and reached Wellington on Saturday morning, 27th January, ulto., when I had the honor, through the Private Secretary, of reporting my return. Had I awaited at Akaroa the opportunity of returning, I might have been detained more than two months. I enclose for more easy reference a tabular arrangement of the population, reserves, and payments, which I hope will be found sufficiently clear. I must, in accordance with my promise to the Natives, prefer their request that the June and December instalments be paid together in December next. According to the present arrangement the sum for division is so small that no individual can hope by fair means to obtain sufficient to invest in any way likely to be of permanent use to him. I would also strongly recommend that Mr. Commissioner Kemp's proposition to pay part of each instalment in Otago and part in Akaroa be carried out; from Timaru northward at the latter, and from the same place southward at the former. My confidence in the justice of my proposed partition of the instalments is unshaken by the dishonest clamour of Tikao and the Ngaituhauriri, and I cannot conscientiously recommend any deviation from it:—nay more, —I am convinced that such deviation would tend to render inevitable those disturbances, which, should my decision appear just to His Excellency the Lieutenant-Governor, a firm support of it would render impossible. I transmit herewith certain letters entrusted to me, and belonging to the department of the Private Secretary. I would request you to do me the honor of returning them to the proper office. My mission is now ended; but in submitting to the Lieutenant-Governor this account of my fulfilment of the duty entrusted to me, I would beg you to express to His Excellency my thanks for the honor conferred upon me by the appointment, and my high sense of the confidence reposed in me; and I cannot conclude without adverting to the untiring zeal and unwearied energy of the Surveyor who accompanied the expedition, my late fellow-traveller, Mr. Wills; and I would beg to be permitted to record here my thanks to that gentleman for the cordial support and valuable assistance which I have invariably received from him through all the difficulties and privations which we encountered. I have, &c. (Signed) Walter Mantell. Commissioner for Extinguishing Native Claims. To the Honorable Colonial Secretary, &c, &c, &c.,

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(Signed) WALTER MANTELL, late Commissioner.

Table of Population, Reserves, Payments, &c., Ngaitahu Block, August, 1848, to January, 1849.

Population. \o. of Acres reserved. o .s& 1st and 2nd Instalments. I Natives' plan, Under 14. Above 14. Name of Place. given to 1st.- June 12th, 1848. Remarks. n each Census District. 2nd.— Mr. Mantell's Allotment. M. F. Estimate ing, to 4 .. ' i M. F. Totals. In each Reserve. , Amount. Given to Amount of each Dist. To be received for distribution " 1 2 3 d belong distr ict 3 3 10 6 229 10 16 Kaiapoi—Tuahivvi 2645 2640 Horomona Iwikan, Aperahama te Aika H. Iwikan, Tainui Pohan i - £250 'ikao. No resident Natives received any but Tainui >y Taiaroa 1 70 60 I 3 70 Paora Tau, Tikao Refused at Tikao's instigation, with a threat to attack the Southern Natives if they took that allotted to them; Tikao demanding £250. .. - Kaikainui .. .. TeTaumutu 5 47 i 2 n £100 60 Matiaha Taiaroa, Pohau 4 Second Reserve.. £01 33 (t 2 Kikau 5 6 7 8 9 10 10B loc 11 12 12b 23 11 32 20 86 Arowhenua ., Te Umukaha .. Waitemati .. .. Timaru Bgt. to water at Ponuiahine Waitaki— Tauhinu .. Te Funaomaru ,« .. Firewood, Waikoura Hakataramea .. t Kakaunui ,. • .. Moeraki Timber "teKuri;" land not reserved, 10 acres .. Waikowaiti I 600 376 187 17 20 Tarawata 3 3 3 3 3 4 4 4 4 5 6 £20 to residents to Tarawala and Te Eohe CO Tarawata • Do. by Topi's consont 13 5 2 10 21 ■ • 2 1 9 18 18 7 29 56 6 2 39 • r 20 31 12 87 121 I" J 389 " "?5 >• 500 13 376 *75 500 1800 None Huruhura None None Rawiri te Mamara Matiaha c( 1 1 la o ! TO g ! o to residents none none notcorrectly known Lei i2s. I 6d. to resi- j dents i lie Hβ. a b> o ill 'urehurehu, &c. Vest Coast—Mawhera .. i ■ i i 20 I 50 20 J 60 i 60 I 30 SO I 10 Rawhiri te Mamarn, in trust for Horomona Pohio, appointed by Huruhuru and te Kapa R. te Mamara John Topi and Paitu R. te Mamaru and Kahuti, appointed by the Resident proprietors Noa Paka 1800 Eaereroa 14 15 45 Purakaunui .. .. Do. en'tivated Reserve.. 28 242 Noa Paka 8 8 IS 9 13 11 } 27OJ < * - individuals. Okarito .. I 10 Karetai Tainui * for Tahura aad Tarapuhi Matiaha ] sf f Taitai and Tikao } I0r (Ruerau Matiaha * for Koura Huri * for Warekai So far as I can learn, these are the principal men on the West Coast. Those marked (*) to receive for them are related to them. Aurhura .. Okahu .. 10 10 637 6359 £500 £500 acres.

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December 21, 1848. List of Natives for whom passages per schooner " Dolphin" were provided by the Commissioner for Extinguishing Native Claims, from Otago to Akaroa, at the expense of Government:— John Topi, Paitu, John Kihau (Puhawaiki), Te Eehua, Hapi, Taiaroa, Kaikoariari (Big fellow) Keretai (Jacky white), Kahuti (Blueskin), Rawiri te Mamara, Noa Paka, te Koau, Tutahaldhi, Huruhuru (of Ngatimamoe.) (Signed) Walter Mantell. Commissioner.

Akaroa, Banks' Peninsula, September 27,1349. Sir,— I have the honor to announce to you the conclusion of my negociationsr elative to the '"Port Levy Block" :—and to transmit to you the Natives receipt for the amount (£300) awarded and distributed to them by me, with an annexed map of the lands, the Native Title to which has been extinguished by this payment. I enclose also a map of the only Reserve in the above district. Besides the stipulations mentioned on the receipt for the money, I have on the part of Government, guaranteed that a small grave at the head of Pigeon Bay, where an infant child of John Tikao is buried, shall be undisturbed, until a cemetary be consecrated there, —when, should it not include this grave, the remains are to be removed to it. I have, &c, (Signed) Walter Mantell. The Colonial Secretary, Wellington. Colonial Secretary's Office, Wellington, 24th December, 1849. Sir, — I am directed by His Excellency the Lieutenant Governor, to transmit to you to report upon, a communication lately received from Matiaha Tiramorehu, complaining of the insufficiency of the Reserves set apart for his tribe, in the Middle Island: — and at the same time to request that you will instill into the minds of the Natives the sacredness of all obligations they may enter into ; —and that such arrangements, once made, cannot be altered. With respect to the Kaiapoi, the Natives themselves brought the subject before the Governor-in-Chief, when at Wellington, many months since ; and were distinctly informed that no changes or new arrangements could be made or allowed. In furnishing your report, it will be as well to mention the extent of the Reserves at Moeraki, and the number of natives ; so that it may appear how far the complaint of their insufficiency is correct or otherwise. I have, &c. Walter Man tell, Esq., (Signed) Alfred Domett, &c. &c. &c, Colonial Secretary,

Moeraki, 22nd October, 1849. To Governor Eyre.—Greeting, Listen to these my words relative to the part (of Land) which was made sacred to yourself and Governor Grey by Mr. Mantell, also to the part which was reserved for the Maories, —the owners of the Land are discontented with the portions allotted to them by Mr. Mantell. You are aware when Mantell first commenced his work in this place, his first mistake was at Kaiapoi, viz., he wouldnot listen to what the owner's of the Land wished to say to him; they strenuously urged that the part that should be reserved for the Maories ought to be large, but Mantell paid no attention to their wishes, it was thus he did wrong in the commencement of his work, and continued to do so in all his arrangements in regard to the portions which were reserved for the Maories. It is in consequence of this I write to you, my esteemed friend, Governor Eyre :—pay attention. The principal cause of all the disputes in this Island is that of your having given the payment of a part of our Island to the Ngatitoas, it is this which has caused all the disputes amongst the Natives of this Island :—but you, Governor Eyre, are aware of the cause of all the disturbance of that Island, it is the same here, and there will ere long be ruptures among us. These are my reasons for writing to request of you that the boundaries of Moeraki may be extended, that we may have plenty of land to cultivate wheat and potatoes, also land where our pigs, cattle, and sheep can run at large, it will not be long before we purchase both cattle and sheep, and and what land have we now in the small pieces which are reserved by Mantell for us fit for such a purpose, each allotment which Mantell has set aside for the Maories, is about as large as one white tnan's residence ; we are conjecturing who could have given Mantell his instructions so to act, do you, Governor Eyre, think that I should tell him to reserve for the multitude a piece of land only large enough for one man ? No ; moreover the Natives will never consent to it. There are many people* and but a small quantity of land for them. I imagined that it was by your instructions that Mantel!

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reserved such small patches for the Maories. I also remember the conversation'that Governor Grey had at Akaroa, with the Natives of Port Levi ; Ngaituahuriri spoke to the Governor concerning the payment for Kaikoura and Kaiapoi; he (the Governor) told the Ngaitahu tribe that (the payment for) Kaiapoi should not be given to tne Ngatitoas, but that for Kaikoura was already gone to them. Upon ■which Te Uki said to the Governor, do not hide from us what you may have wrongly done with our place or country, but tell us that we may all know what you have done. After which conversation Governor Grey asked Ngaituahuriri if he would part w>th some of his land; upon which the Ngaitahu tribe hearing, gave their consent that Kaiapoi should be given up to the Governor, relying implicitly on his former promises; but no, it (the payment for Kaiapoi) has been given to the Ngatitoas ; when Mr. Kemp came here he placed the boundary of the Ngatitoa's land at Kaiapoi; this mistake caused our hearts to be darkened ; since then Mantell arrived here ; and on their (the Maories) seeing the portions which he reserved for them, began to quarrel. However, I considered at that time that it was for all Ngaitahu to complain; but now, I myself will speak ; the white man's transactions are bad, —there are in consequence great disturbances already amongst the Natives of this Island ; therefore I earnestly request that some person may be sent here directly to alter all the boundaries, Moeraki included ; that there may be a large block reserved for us, is the constant topic of our conversation. Extend the boundaries at Moeraki. This is the commencement of our speaking (or complaining) to you, Governor Eyre, and although you should return to England, we shall never cease complaining to the white people who may hereafter come here. But you, Governor Eyre, are aware of the cause of the disagreement between us ; we, that is Topi, Taiaroa, Tikao, and myself, perceived at t*ie time we were at Port Nicholson, when Taiawa and Tikao spoke to you, that you did not thoroughly understand them, you interrupted them :—besides, they did not say all they intended to say, because you told us to be quick and return with our vessel to the Maories ; in consequence of which I anticipated the quarrels ; the greater part of our people did not understand the meaning of that conversation, but I understood it ; I saw the meaning of those words, I carefully remembered their purport, and on my arrival amongst our tribe I explained to them the substance of your conversation with Tikao and Taiawa. Therefore, let not the white people say it was through any fault of the Maories that this disturbance has arisen ; —No, it was yours ; still, should I ever hear anything wrong, I will let you know of it. This is all I have to say. From Matiaha Tikamokehtj. A true translation. R. J. Deighton, Native Interpreter.

Wellington, January 24th, 1850. Sib— I have the honour to acknowledge the receipt this day of your letter of the 24th December ulto., enclosing one from Matiaha Tiramorehu, relative to the Moeraki and other Reserves, which with its translation I return. In obedience to your directions I forward a table showing the proportion between population and land reserved at the places in question. By this you will perceive that the wants of the Natives are amply provided for in the Reserves which I made, the boundaries of which at the time of the survey, were in each case approved by them. I have, &c., (Signed) Waltek Mantell, Late Commissioner To the Honourable The Colonial Secretary,

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C—No. 3

Return shewing the proportion of Population to Reserves at Kaiapoi and Moeraki.

Average : nearly eleven acres to each Individual. (Signed) Walter Mantell, Late Commissioner. Mr. Kemp, Reply to this that the question raised by them was long since settled by Governor Grey ; who told them, on their applying to him at Wellington, that he could not disturb or re-open the arrangement made relative to the purchase of Wairau, Kaiapoi, &c, from the Ngatitoas. Neither can I now consent to re-open or alter any arrangement relative to the Reserves at Moeraki. I have examined into the matter, and find that the Reserve made there contains 500 acres, which is considerable for the very few Natives resident there. Questions relating to land and arrangements made relative to Reserves, &c, cannot be reopened or altered when once they have been settled ; otherwise no end to confusion would take place, and land would be of no value; because there would be no knowing what arrangements were to be the final ones. Therefore I cannot consent to disturb those which have been made relative to Moeraki. (Signed) G. Eyre. June 13th, 1850. Matiaha informed accordingly (Signed) H. Tacy Kemp. June 15th, 1850. December 27th, 1849. Sir,— I have the honor to inform you, that, in consequence of instructions received by me from Mr. Fox, I have discontinued the survey of the Block for the Nanto Bordelaise Company. I have surveyed and mapped the Government Reserve at this place, and made the duplicate copies of the Native Reserves. In making the survey of the Government Reserve, I considered it necessary to survey the Bay, so as to shew its exact position. I have substantially marked the boundaries on the ground,—and have cut the lines on the East and North sides. I have, &c, (Signed) OcTAvrus Caerington, The Honorable The Colonial Secretary,

Populatii in. a Situation. Adults. Children. Remarks. Total. M. J F. M. l< , . 1 2 Tuahiwi Kaikainui Acres. 2640 5 200 Estimated number of claimants resident on the spot and on the Peninsula. The major part of the latter are at present living on and occupying the principal part of the Port Levy reserve, though their claim in it does not exceed an aore of graves purchased by Taiaroa, Pokeae, &c. The Tuahiwi Keserve is a fine and valuable estate, and contains at least 300 acres of wood. It was made of ita present extent in order to admit the Moeraki Natives. 12a 12b Moeraki Do. Tekiri 500 87 29 39 lfl 9 Undulating land of the richest and most fertile soil, and, where not cultivated, clothed with light wood. Ten acres of timber for sawing, there being little or none of sufficient size on 12 a. The land in thia case not reserved. 3145 287

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Colonial Secretary's Office, Wellington, 10th January, 1850. SlK, — I have had the honor to receive, and lay before the Lieutenant Governor, your letter of the 27th ultimo, reporting that, in pursuance of instructions from Mr. Fox, you had discontinued the survey of the Block of Land for the Nanto-Bordelaise Company ; and at the same time forwarding Maps of the Government and Native Reserves at Akaroa and Bank's Peninsula. In reply, His Excellency has directed me to inform you, that your duties, so far as the Government is concerned, have terminated ; and I am to take this opportunity of conveying to you His Exeellency's thanks for the manner in which you have discharged the service confided to you. I have, &c, (Signed,) Alfred Domett, Colonial Secretary. Octavious Carrington, Esq., Akaroa. Sydney-street, Wellington, March 13, 1851. Sir,— In accordance with the desire of the Governor-in-Chief, expressed in conversation on the 10th instant, I do myself the honor of submitting to you for His Excellency's information, the following suggestions relative to the contemplated purchase and partial exploration of the Southern portion of the Middle Island. The Native owners of the district reside, I believe, principally on Stuart's Island and Ruapeke, and a few in the neighbourhood of Otago. The first step would be to assemble and confer with these and, in company with some part of them, to visit the various settlements on the proposed purchase. I am not aware that there are more than a very inconsiderable number of Natives actually resident in these settlements, and have been informed that these few are mostly mere hangers-on of the Europeans scattered along the coast. With regard to the numerous petty land claims of the latter, I would suggest that distinct instructions be given to the Commissioner for the purchase of the district: on the question of Native Reserves also, as some may be necessary, I should wish to be fully instructed. In carrying out the spirit of my instructions on the block purchased by Mr. Kemp, 1 allotted on an average, ten acres to each indivinual, in the belief that the ownership of such an amount of land, though ample for their support, would not enable the Natives in the capacity of large landed proprietors, to continue to live in their old barbarism on the rents of an uselessly extensive domain. With respect to the equipment necessary, it must be borne in mind that in parts, especially toward the West Coast, overland communication is reported to be impracticable ; I would therefore recommend the chartering of a serviceable coaster sufficiently large to carry a useful boat: the vessel, if such a course were sanctioned by Government, might be useful in payment for the territory to be acquired ; In such a craft too, the Natives resident on the Western portion of the block purchased by Mr. Kemp might be visited and some idea obtained of the nature and valuo of that country. I have been unable to ascertain what season is the best for such an expedition : I may state, however, that from what experience I have had of the climate of the Middle Island, the earliest spring (July and August,) would be the most favourable time for commencing it. The first harvest would, for some time, distract many of the Natives from the busiaess of the Mission, but I doubt not that the presence of the chiefs most interested might be secured. On the subject of the scientific exploration of the country, it is almost needless for me to remark that the amount of information acquired must depend in a great measure on the time and means placed for that purpose at the disposal of the purchaser : but, whatever may be the restrictions necessary in this respect, a constant attention to the subject on his part, and overland journeys, whenever practicable may, with little if any additional expense to the Government, enable him to ascertain with tolerable accuracy the geological structure and mineral wealth of the country, and any features in its zoology or botany in which it may differ from those portions of the Islands with which we have been longer acquainted. I have, &c., (Signed,) Walter Mantell. To His Excellency the Governor-in-Chief, Wellington. Colonial Secretary's Office, Wellington, 14th April, 1851. Sir,— With reference to your communication of the 13th ultimo, offering certain suggestions relative to the contemplated purchase and partial exploration of the Southern portion of the Middle Island, I am directed to inform you that His Excellency has had the subject under his consideration, and that as you executed the duties on which you were previously engaged, in purchasing so large a portion of the Middle Island in a very satisfactory manner, His Excellency thinks you have established a fair claim to be entrusted with the charge of purchasing the remaining portion of that Island ; for the due performance of which duty, the experience and knowledge of such subjects which you have already acquired must specially qualify you.

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I am therefore to add, that you will be employed on the service alluded to in the first part of this Jetter about the middle of August next; and that if arrangements cannot be made for sending you to the Southward in the Government Brig, His Excellency will endeavour to charter for that purpose the whaling schooner, which is at present attached to the " Acheron." » I have, Bsc., (Signed) Alfred Domett, Colonial Secretary. Walter Mantell, Esq., &c, &c, &c. Aparima, Jacob's Eiver, January 3rd, 1852. Sir,— An opportunity offering itself of forwarding a letter to Otago, Ido myself the honor of transmitting to you, for the information of His Excellency the Governor-in Chief, a sketch of my proceedings since leaving that place. I reached Tuturau on the Mataura on December 14th ult., having been delayed some days on the road by the weather. An old Native, whom I took with me as a guide, proved perfectly ignorant of the way ; but the Country, after passing the ranges which bound the Molyneux was so open as not to prevent my maintaining a course due West by compass, which brought us to the Mataura, a few miles above Tuturau. I left the Molyneux valley by the Kaihiku stream, which I followed to its source. By this route, two days' good walking would take a traveller from Moa Hill to Tuturau. Having set out a reserve at Tuturau, I crossed to the " New River" where I set out two reserves for the Natives. I reached this place on the 27th ult., and have not yet succeeded in reducing the demands of the Natives for a reserve ot extravagant dimensions sufficiently to justify me in assenting to them. The Country bordering the Mataura, and westward on my route hither, appears excellent, and plentifully wooded, but the climate seems to be wet, stormy, and very changeable. I have, &c., (Signed) Walter Mantell. The Honourable the Colonial Secretary, Wellington. Otago, February 24th, 1852. Sir,— Finding that considerable excitement among the Natives of this and the neighbouring settlements has been caused by a letter lately received by them from Pigeon Bay, informing them that the Government has concluded a purchase of the Murihiku district from Wahapiro and others, I do myself the honor of enclosing a copy of that letter ; and, with the view of removing erroneous ideas which threaten to present serious obstacles to the speedy conclusion of my negotiations for the purchase of that district, would request to be favoured with such a contradiction of this foolish report as His Excellency the Governor-in-Chief may deem sufficient. I have, &c, (Signed) Walter. Mantell. The Honourable the Colonial Secretary, Wellington.

[Translation.] Pigeon Bay, 12th January, 1852. Speed this my letter to all the Natives of Otakau and Euapuke. This is my address to you. The payment for the district of Tuturau, and from thence to Nelson, including the whole line of Coast between the two places, has been given. The Governor did not consent to pay the money until the second time the matter was discussed ; and then the Governor and Mr. McLean agreed to pay for the land where Te Puoho (a chief of the Ngatitoa) was killed. The boundary commences at Tuturau, and finishes at Arahura. The Natives of the Ngatitoa, Ngatitama, and. Ngatiraukawa have all received the payment. Not only is the whole of the land on the West Coast included in this sale, but it includes also the land on this, or the East Coast, including and Kaikoura. We, who are living here, are living upon land the substance of which has been clandestinely bought by (or sold to) the Governor. Nothing has yet equalled the desire of the Europeans for the land, no matter whether it is bought honestly or not. The blame, however, does not rest with Te Wahapiro, (alias Paramatta) neither with Eawiri Puaha ; it rests with Taiaroa, who authorised the payment for the district of Tuturau (probably near Euapuke) to be by them received ; they were the more earnest in seeking the payment in consequence of a letter addressed to them by Taiaroa to that effect. O ! the blindness of you people, to aliow other Natives to receive the payment for the Land which you occupy ! We had thought that Kaiapoi alone was to be sacrificed in this way ; but it seems that all the lands in this Islands are to share the like fate. This finishes my address to you; but not mine only,—it is from us all. (Signed) Nα Ihala,

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Colonial Secretary's Office, Wellington, 26th March, 1852. Sir, — Your letter of the 24th ult., with its enclosures, on the subject of a rumoured purchase having been made by the Government of the Murihiku District from Wahapiro and others, having been referred, to Messrs. McLean and Kemp, I have the honor, by direction of His Excellency the Governor-in-Chief, to transmit to you copies of the replies of those Officers from which you will be enabled to contradict the report which you state to be in circulation. I have, &c, (Signed) Alfred Domett, Colonial Secretary. Walter Mantell, Esq., Commissioner for Extinguishing Native Claims, Southern District, Middle Island. [Memorandum.] Te Wahapiro (alias Paramatta) states that Taiaroa agreed that he should sell the Arahura district, and receive the first payment for it; and that the subsequent payments should be made to Taiaroa and the other original claimants of the Ngaitahu tribe. Te Wahapiro offered the land for sale to Hia Excellency Sir George Grey, and had frequent eommunications with me on the subject. Sir George stated to him that the case would be hereafter inquired into ; and I gave him to understand that the sale should be contingent on the consent of the Ngaitahu tribe. Nothing , further has been done in the negotiations for that district, excepting that I have written to ascertain Taiawa's sentiments on the subject, a reply to which letter has not yet been received. To clear up the difficulties about purchasing land on the North Coast of the Middle Island, it would be desirable to have a general meeting of the original Ngaitahu claimants, as well as of the Ngatitoa, Ngatitama, Ngatiawa, and other tribes who claim that country by right of conquest. (Signed) Donald McLean. Otago, May 17th, 1852. Sir,— I have the honor to acknowledge your letter of the 26th March ult., No. 52, 331, enclosing a report by Mr. McLean on the Native letter of which I had the honor to forward a copy in my communication of the 24th February ult. I observe that Mr. McLean, states " I have written to ascertain Taiawa's sentiments on the subject," (the sale of the Arahura district by Wahapiro) " a reply to which letter has not yet been received." A reference to the Deed of sale of the Ngaitahu Block, the North Boundary of which commences at the Old Pa Kaiapoi, and runs N. W. magnetic across the island to the neighbourhood of Cape Foulwind, will show that the Ngaitahu title to the Arahura district has been extinct for some years. Even prior to its extinction, Taiawa would not have been the party to treat with for that part of the Country. I have, &c, (Signed) Walter Manxell. The Honourable, The Colonial Secretary, Wellington. Colonial Secretary's Office, Wellington, 1st June, 1852. Sir,— I am instructed by His Excellency the Governor-in-Chief to transmit, for your information, copies of the translations of two letters from Natives resident at Port Cooper in which they prefer a claim to Quail Island ; at the same time, I am to forward to you a copy of Mr. Mantell's report on the subject. I have, &c, (Signed) Alfred Domett, Colonial Secretary. J. R. Godley, Esq., Agent, Canterbury Association, &c, Lyttelton. [translation.] Lyttelton, March 24th, 1852. Friend Governor,— Greeting. My address to you is this : with reference to the conversation I had with you on board the ship, referring more particularly to the Island which stands close by—Te Kawakawa is the

a—No. 3

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name of that Island. ; I was not present when it was paid for by Mantell. Only the land within the Port Cooper district did I witness the payment of by Mantell ; viz., the land on this side and on the other side also. That Island was separated from it because a space of water lies between. What I think is, that I should still keep possession of that Island as grazing land for my cattle, since it is not fright that they should remain on the mainland—because if they trespass on the Europeans' land, they will require payment; and where is the money to come from ? Governor, I hope you will accede to this my request. [(Signed) Tame, " PISTERA. His Excellency, The Governor-in-Chief. To Governor Grey,— Friend, if you consent to any further payment for that Island, let the payment be given to me. When Port Cooper was paid for by Mantell, I received the payment. When " Tiemi" (her husband probably,) died, the Natives of Port Cooper had no chief remaining. In this case, let the payment come to me. Those persons who have conferred with you had land of their own, for which they received payment. If you consent to any payment being given, write me a letter to that effect. (Signed) Wikitoeia, Dunedin, 17th May, 1852. Report on letter (of 24th March, 1852,) of Tame and Petera claiming Quail Island, in Port Cooper ; and on that of Wikitoria, requesting that, if further payment be given for that Island, the money be given to her, and not to the above claimants. Neither of these claims has the slightest foundation ; the assertions on which Tame and Petera base theirs is untrue. Quail Island, te Kawakawa, was included in the Port Cooper purchase, and paid for with the rest of the land. I did not promise, it as a reserve. Descriptions of all the reserves promised by me will be found in the deed of sale. (Signed) Waltek Mantell.. Crown Lands Office, Otago, 19th March, 1853. Sir,— I do myself the honor of transmitting a letter written by Rawiri te Mamaru, in his own nan - e, and those of the other Natives, in whose behalf the now abandoned Reserve No. at Kakaunui was made, begging me to convey to the Governor-in-Chief their request to be allowed to exchange that Reserve for an extension of the Moeraki Reserve in a Southerly direction to Okahau Point ; or, should that proposal not meet His Excellency's approbation, to an extent equal to that (75 acres) which they wish to give up. The enclosed tracing shews approximately the land wished by them. The Kakaunui Reserve has no wood ; but, including a boat landing place, its surrender would place in the hands of Government a useful village site. The land desired in exchange has a little wood in a deep gully at the North East angle,—the rest is open —undulating land, more or less steep, with excellent soil, but a Southern aspect. Although the surplus (27 acres) which would be included by the line to Okahau Point are of little value save to the occupants of the adjoining land, I consider that it would be more advisable that this exchange, if sanctioned by His Excellency, should be one of strictly equal quantities. It is probable that, eventually, the land between the Reserve and Waimataitai will become the property of the Natives ; but this is unnecessary at present ; and the acquisition of it by individual Natives by purchase, at a reasonable rate, would be more beneficial to them than a free grant. It is not included in any run and they have verbal permission from me to allow their cattle to graze there ; which permission I would gladly see exchanged for a license at a rent proportioned to the small extent of the land ; should His Excellency the Governor concur in the propriety of thus gradually initiating them into the practice of renting land for stock, and sanction the issue of such special license as the case would require. I have, he, (Signed) Walter Mantell. To the Honourable, The Colonial Secretary. Tihema, 1852. E hoa c Mataea, — Tenei taku korero kia puta taku whakaaro hapai mai i Kawanui kia tutakina kite rohe o Moeraki kia nui at te wahi mo matou i te mea kua noho heihei matou ko taku whakaaro kei Okahau te rohe haere tonu kite Tutakitaka o te rohe o te awa o te wai o raro kei Okahau te rohe mai o waho tutaki atu kite pou tawito o raro o te awa o te wai.

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E hoa e Mrtara kua nui (?) taku whakaaro kia tutakina Kakaunai ki Mocrald. Otira ko takn korern tenei ki a koe, kia rongo mai koe kei Okahau te rohe kei te wahi i korero ai matou ko Kitara ko te wahi tera i tu ai matou. E hoa, kia rongo mai koe kei Okahau te rohe ko te wahi tera i tu ai te pou a Kitara. Heoi ano takatahi ano katahi ano ka nui te rohe mo matou, nakonei au i korero ai ki a Kapitinia Kakannui ki Moeraki. Kia rongo mai koe. Ko taku whakaaro tenei. Koia tonu tenei te korero ki a koe. Mahau e korero atu ki a Kawana, te korero pai tenei korero aku ki a koe. Mahau ano e whakaaro kua nui taku whakaaro ki Kakaunui kia nuia ki tenei rohe. Mahau tuhituhi kia Kawana me tuhituhi aku korero ekore hoki au e mea ki Kakaunui kia kawea ketia ko taku korero, me hono tonu ki Moeraki kua noho tohi tonu matou ko ka tangata o Kakaunui kua noho ki Moeraki nei. Ka mutu te korero. Otira kei a koe te korero me whakarite auo Kakaunui. (Signed,) E. te Mamartj. Kia Matara, Colonial Secretary's Office,, Wellington, 5th April, 1853. Sir,— In reply to your letter of the 19th ultimo, transmitting a letter from Eawiri te Mamaru, requesting to be allowed to exchange a reserve at Kakaunui for an extension of the Moeraki reserve in a Southerly direction to Okahau ; I have the honor to convey to you His Excellency's approval for the exchange being made in the manner recommended in your letter : viz., that it be an exchange of strictly equal quantities. With regard to the proposal contained in the last paragraph of your letter, that the Natives of that district should be gradually initiated into the practice of renting land for depasturing purposes, I am further to request that you will endeavour to introduce this custom wherever you may think it expedient to do so. I have, &c, (Signed) Alfhed Domett, Colonial Secretary. Walter Mantel], Esq., Commissioner. Crown Lands Office, Otago, 19th March, 1853. Sir, — Having, as I had, the honor to report in my letter relative to that mission, been unable in November, 1848, to spare the time which would have been necessary to visit the Kaika of te Warekorari at te Hakataramea on the Waitangi river, I was, as then, reported, under the necessity of promising that a reserve should be surveyed for him at that place at some future time. On my recalling this promise to the recollection of the Governor-in-Chief prior to my leaving Wellington, I was honoured with His Excellency's directions to proceed to the above mentioned place whenever' my other duties might permit, and to set apart such reserve as might seem necessary. In obedience to these directions, I visited the Waitangi in December last, with the further view of making such examination of the resources of that Valley, as might verify or refute the prevalent conviction that from scarcity of timber, and even fuel, and distance from a point of shipment, it was, however fine the pasture, unfit for occupation. I have the honor to enclose brief reports on these two subjects. Although on the occasion above referred to, the Grovernor-in-Chief gave me permission when necessary to give names to places, I would not venture ( to interfere with one which has already appeared in the Government Gazette :—If however no material objection exists to the abandonment of the name of Waitangi, which is unpleasing and so common as to create confusion, I would earnestly suggest that that river be called the Molesworth, in remembrance of one of the earliest and best settlers whom New Zealand has ever lost. I have, &c, (Signed) Walter Mantell. To the Honorable, The Colonial Secretary. EEPOET ON THE RESERVE AT TE HAKATARAMEA, WAITANGI GORGE, PROMISED TO TE WAREKORARI FOR HIMSELF AND FAMILY. The population of Te Hakataramea is as follows:— Te Warekorari ... ... at 50 ... in. Tuapuku f ... ... ... ... 40

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C—No. 3

Their Children,— EoitiPi/ 15 Taitu 10 Tomiti * 11 Tβ Hira 6 Te Oromene ... ... 3 Bethrothed to the two elder boys, — Te Rakiamoa/., 16, daughter of Karuwai. Tumutu, /', 8, daughter of Te Kihi. One adult son Ihaia absent at Sydney. A reserve of 150 acres at the mouth of Te Hakaturamea will suffice for himself and family ; and I will, on my next visit, mark out and make a sketch survey of that amount. In the meantime, as the Country in his immediate neighbourhood (North Bank) offers little inducement for settlers, even with stock, I have not prohibited the continuance of his cultivation of patches of fertile soil here and there on the low flats and Islands of the river :—these gardens are mostly in places which no European would think of cultivating at present; and since the southern bank must soon be occupied, I am desirous that the settlers should have at the outset, as large a supply of food as the scantiness, and (with the honourable exception of Te Warekorari,) the laziness of the Native population will permit them to raise. Te Warekorari's attachment to Europeans and their customs has acquired for him among the Natives the name of "Te Pakeha," by which he is now generally addressed. His conduct since the sale of the country has been in such favorable contrast to that of Huruhuru and the Punaomanu Natives that I would suggest that some trifling present or other mark of His Excellency's approbation would be well bestowed upon him; it would also operate advantageously as a tacit but intelligible censure of the conduct of the latter Natives ; whom nothing but the distance and the smallness of the police force has preserved from the consequences of their wanton destruction of the little woods in their neighbourhood. They (especially Huruhuru and Rakitawine) have devoted days to felling trees which they leave to rot upon the ground, —being only actuated by a wish to injure the Government; which, prompted, by the Waikowaiti Natives, they blame for an alleged dishonesty of Te Marama. A recurrence of such conduct I shall feel it my duty to punish, however disadvantageous the circumstances under which the prosecution must be conducted. I think it more probable, however, that they will next be heard of in the Middle District ; William Harpur (in whose favour a grant, which I find he little merits, is probably now ready for issue) having incited them to migrate to the Waimatemate wood on the Waihau, whither he is to accompany them. I have marked my approbation of Te Warekorari's conduct, but what he would most prize would be some proof of that of His Excellency the Governor-in-Chief. (Signed) Waltek Mantell, Crown Land Commissioner, (Late Commissioner Extinguishing Native Claims.) REPORT ON THE LOWER WAITANGI COUNTRY, FROM CAPE WANHOtI (MAKOTUKUTUKU) TO PUKBWHINAU, DECEMBER AND JANUARY, 1852-53. 1. Pasture. 4. Inland Transport. 2. Fuel. 5. Shipment. 3. Timber. 6. Miscellaneous. 1. The Pasture is good throughout ; and a large extent, especially inland to Fire Beacon (Rakai* kuruwheo), indeed wherever the porous tertiary limestone occurs, bears natural growth at least equal to any which I have seen on unstocked land in New Zealand. Messrs. Suisted, Nairn, D. Scott and Cormack will (so far as they have seen) corroborate this opinion. The only drawback is Tumatakuru, of which there is a great deal in some parts of the plains ; but this I believe disappears before stoekand burning. 2. Fuel. In the Eastern portion very scarce ; but probably, or rather almost certainly, lignite will be discovered in the Waiareka or Kakaunui country. The woods at present known are as follows :— Acres Scrub. Acres Copse. Acres Forest. 1. Wanhou Cliff 0 1 0 2. Cliff wood 0 2 0 3. Copse on the Hemans (Oamaru) 0 10 4. On the Landon (Awakokomuka) 1 0 0 5. Papakaio 0 4 0 6. Crusoe Copse, &c. ...... 0 5 0 7. Keatsbourne (Waikouva) half belonging to Natives) ... 0 3 0 8. The Chatterton (Awaamoko)... 0 8 0 9. Maerewhenua (near the source) 0 8 (?) 0 10. Blackwood, and foot of Domett 0 0 50,100 II & 12. Otekaikeke, Oteaki, Kohurau, Awawakamau 25 O 0 26 27| 50,100

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besides charred totara logs on the ranges and the scrub and driftwood on the river islands. Peat is found on the hills between Kakaunui and Maerewenua. Wood being so scarce, I deemed Te Warekorari's assertion that there was coal one day's journey inland of his kaika, although contradicted by the other Natives, worthy of investigation. I therefore went up the South Bank through the gorge to J'e Awawakamau where we crossed the river on mokis, and found the lignite on the Pukewhinau stream, made a large fire with it and brought away about 3 cwt. of specimens, which I left at Punaomaui and Tauhimi. I also arranged with Warekorari for the delivery of it at stations along the river, which he will effect by means of large mokis carrying upwards of a ton; the price per ton to be fixed by me. To aid me in fixing the price it was necessary to have a more distinct idea of the difficulties of the moki-navigation of the Waitangi. I therefore came down in a moki the voyage or " rere" from Pukewhinau to te Hakaturamea occupying one hour and that thence to te Punaomaru four hours. 1 propose to fix rates, varying according to the distance, from £1 to £3 per ton for the lignite delivered at the river's side at places which drays can reach. A3 the lignite is perhaps not in my district, I would request the sanction of the Governor for this arrangement, and that His Excellency would also be pleased to confirm my direction that no Native but Warekorari be priviledged to work at the lignite in question ; should it ever be thought worth working by Europeans, this arrangement would not be an obstacle to their obtaining the necessary license. Lignite also, occurs high up the Hakaturamea; and I may further mention that from an intelligent Native who accompanied me down the coast in 1848, I learn the existence of beds of lignite, some of good quality, commencing near the Elephant (Pohowaikawa) and running thence about N. N. W., to the upper Waihau country. I have the honor to forward small specimens from Pukewhinau which you will perceive is not of first rate quality3. Timber must be imported, or obtained from Blackwood or the woods on runs Nos. 11 & 12. The great forest, though clothing three sides of Hawea and Wakatipu, comes no lower than the upper course of the tributaries of the Waitangi Lakes which are themselves woodless. Much of the limestone is fit for building, and cleavable slate is reported inland. 4. Inland Transport. The plain commencing at the mouth of the Hemans continues without interruption to the Gorge about 30 miles, passes through it in two terraces from 1 to 200 yards wide and thence stretches, widening and narrowing alternately, to the lake, whither I should have no hesitation in taking a dray at once. Just below the Piriamokotaha (an impassible cliff on the North Shore) the river narrows, between vertical state cliffs of 20 to 30 feet high, to less than 100 yards. It is evident at a glance that this is the place for a bridge, and the two terraces form a beautiful site for a town which should eventually be one of the most important inland Towns in the Island. This spot is about North from Mount Domett, the snowy peak mentioned in a former report. 5. Shipment. This must be effected at the mouth of the Hemans which, sheltered on the South by Cape Waubrow and on the North by point Sigourney, a low level promontary is, and having what is reported to be a good roadstead, a really valuable place on a harbourless coast. When I was there the wind was N. E. mod., and the sea in the bight so calm that a small canoe might have landed with perfect safety. There is a second boat harbour at the Cape practicable when the Hemans landing is not. 6. The conjecture which I hazarded in a former report that the remains of the Moa would pro>bably be found in a district so suited to the habits and wants of that bird, has been borne out by our discovery near Cape Waubrow of a forgotten Kaika of the aboriginal Waitaha tribe, the unaus filled with bones and eggshells of Palaptaryx aptornis, &c, burnt stones, charcoal, and remains of dogs, seals, &c, (Signed) Walteb Mantell, Crown Land Commissioner. Post Script.—I should have mentioned that Wanganui natives, with such canoes as they use on that river, would I think not hesitate to navigate the Waitangi. The canoes could be poled or tracked up the side channels. There is not now a canoe on the river. Civil Secretary's Office, Wellington, 6th April, 1853. Sib,— In reply to your letter of the 19th ultimo, reporting on the general capabilities of the district on the banks and vicinity of the Waitangi river, I have the honor to request that you will inform the Native Chief Te Warekorari that his conduct throughout the whole of the negotiations for the sale of this district has been such as to be highly gratifying to His Excellency the Governor ; who trusts that he will continue to set the good example he has hitherto done to the rest of his countrymen ; and that, as a proof of His Excellency's approbation, you have been directed to make him a present. You will therefore have the goodness to procure and present to this chief, such articles as, in your opinion, would be most agreeable to him ; and for this purpose you are authorized to incur an expense not exceeding ten pounds sterling. His Excellency further approves of the extent of the reserve : viz., one hundred and fifty acres, recommended by you to be made for Te Warekorari and his family ; and you are further directed to carry out your recommendation with as little delay as possible. I have, &c, Walter Mantell, Esq, (Signed,) Alfbed Domett, Commissioner, Otago. Civil Sscretary,

C—No. 3

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Auckland, 25th April, 1856. Sir,— I have to request that you will proceed by the " Zingari" on Monday next to Port Cooper, and place yourself in communication with the Crown Commissioner at that place. Mr. Brittan, in reference to the carrying out of an award made with the Natives of Kaipoi and Akaroa by which, on the payment of a certain consideration, they were to relinquish certain lands which it appears they still, continue to occupy. The extent and nature of Mr. Mantell's award will be furnished to you by Mr. Brittan who, together with Mr. Watson, the Kesident Magistrate, knows the particulars of the case, and the former gentleman has kindly offered to furnish all the information he possesses respecting the claim. It will be necessary for you to use the utmost firmness with the Natives in carrying out this award, which they should understand is final ; at the same time it will be requisite to use every caution to prevent them from feeling that any advantage is taken of the weakness of their position as compared with the Europeans at that place, and that there is no desire on the part of the Government to act otherwise than with the strictest justice towards them. They should therefore be informed, that in the reserves set apart for their use by Mr. Mantell, they will not be disturbed; that the amount of that officer's award will be paid to them; but that you are instructed to cause them to abandon the lands ceded to the Crown, as such lands are neither required for their use or subsistence, nor is it reasonably just or equitable that they should persist in retaining possession of them. I herewith enclose several letters from the Natives on this subject. (Signed) Donald McLean, Chief Commissioner. J. G. Johnson, Esq., District Commissioner. Lyttelton, 11th May, 1856. Sir, — I have the honor to enclose a letter which has been addressed to you by the Natives of Kaiapoi on the North side of the Canterbury block. The tribes who inhabit that place, Port Levi, and Banks' Peninsula, appear to be the same ; their number is estimated at three to four hundred, and they inform me that if I am not prepared to adjust the grievance they complain of, that they will use all their influence to prevent a settlement of the question on Banks' Peninsula. I have been fortunate enough to obtain a copy of the Blue Book, containing , the reports of Commissioners Kemp and Mantell, and I gather from that source that the Natives of Kaiapoi urged their claims before Mr. Mantell, who declined interfering, as it was outside the limits of Mr. Kemp's purchase of the Canterbury Province, to which Mr. Mantell's commission was confined ; but at the same time, he expressed his opinion that the Ngatitoa had no right to sell the land so far South as Kaiapoi. As far as I can learn, the claim of Ngaitahu to compensation for their land sold by Ngatitoa to the North of Kaiapoi is a just one, and, if further investigation should confirm this opinion, I would recommend that I be authorized to extinguish this claim by a payment of a sum not exceeding one hundred and fifty pounds. When justice has been done to the Kaiapoi Natives, I shall then be in a position to make use of their influence in carrying out Mr. Mantell's award at Akaroa ; which influence will be necessary if the arrangements at Akaroa should be attended with any difficulty. Kaiapoi is the boundary on the Northern side between the Canterbury and Nelson Provinces ; and the land over which the Kaiapoi Natives appear to luve a claim is within the Nelson Province, in the block from the Wairau to Kaiapoi, the particulars of which, and by whom purchased, I am not aware. If the liquidation of this claim should be sanctioned by the Government, it will be seen that it is for land in the Nelson Province, the owners of which reside in the adjoining portions of the Canterbury Block I have, &c, (Signed) John Grant Johnson, Commissioner N. L. P. Donald McLean, Esq., Chief Land Commissioner, Auckland. Land Commissioner's Office, Auckland, May 27, 1856. Sir,— I have the honor to report to you, for the information of His Excellency the Governor, that the result of the investigations of Mr. Johnson, the Officer instructed to enquire into unsettled claims of the Natives at Canterbury, is to the effect that a payment of one hundred and fifty pounds (£150) to the Kaiapoi Natives, in addition to one hundred and fifty pounds (£150) already authorized for land at Banks' Peninsula, will enable him to settle the outstanding claims in that Province ; and from the merits and nature of the Kaiapoi claim, which has always been a source of discontent with

20

the Natives there, I would submit for His Excellency's favourable consideration that this additional payment of one hundred and fifty pounds (£150) should be made. I have, &c, (Signed,) Donald McLean, Chief Commissioner. The Private Secretary, &c, &c, &c. Auckland, SOth May, 1856. Snt,-— I am directed by His Excllency the Governor to inform you, that if you can settle the claims of the Kaiapoi Natives finally for the sum of one hundred and fifty pounds, you are authorized to do so, taking care that this payment shall not afford any pretext for making future demands for payment by the Natives of the Canterbury Province. As the mail by the " Zingari" will close in an hour, His Excellency has been good enough to mark his approval of this claim being settled ; and no doubt on presenting this letter, the Sub-Treasurer at Port Cooper will advance the sum of £150 required to extinguish this claim. I have, &c, (Signed.) Donald McLean, Chief Commissioner. J. Grant Johnson, Esq., District Commissioner. Colonial Secretary's Office, Auckland, Slst May, 1856. Sib,— I am directed by His Excellency the Governor to authorize you to advance to Mr. Commissioner Johnson, the sum of £150 for the purpose of settling Native claims to land at Kaiapoi and at Ranks' Peninsula. I have, &c, (Signed,) John Hall, Colonial Secretary. The Sub-Treasurer, Canterbury. Akaroa, 7th June, 1856. Sis,— In compliance with your letter of the 25th April last, I proceeded to Port Cooper in the steamer "Zingari," and after personally communicating with Mr. Brittan, the Commissioner of Crown Lands at Christchurch, and, after making myself acquainted with the previous history of the land question in this Province, I proceeded to Akaroa for the purpose of carrying out the award of Mr. Commissioner Mantell for settling the Native claims, which, from the information I have been able to gather, appears to have been, that the Natives should relinquish all their lands in Akaroa in consideration of receiving a Reserve of five hundred acres at Onuku on the North side of the harbour, and a sum of one hundred and fifty pounds in money. I had several meetings and long discussions with the Natives, with a view of inducing them to accede to these terms, and the result has been that they have refused to submit to them, and would rather incur the risk of being dispossessed by force, which alternative, they inform me, was given them by His Excellency the Governor. The instructions which you furnished me with, are based upsn the supposition that the Natives are in the occupation of land which they have ceded to the Crown, whereas upon a careful investigation of the ease, it does not appear clear that the Crown has acquired any title to the land which it is sought to dispossess the Natives of, and their statements are so clear and satisfactory that they have never with their knowledge and consent sold all their possessions, that I am unable to adopt the course which I would under other circumstances feel it my duty to pursue, of compelling them to quit those lands, or ia the event of their not doing so, abide the alternative which has been intimated to them. Two deeds exist in the French language, purporting to convey the whole of Banks' Peninsula to Captain Langlois and M. Belligny on behalf of the Nanto-Bordelaise Company, neither of which contain any provision whatever for Reserves for the Natives of Port Cooper, Port Levi, Pigeon Bay, or Akaroa, and it is very evident that the Natives of those places, numbering at that time several hundreds, could never have made a bonafide sale of the whole of Banks' Peninsula without an understanding that some portions were to be left for themselves. No doubt, some Natives were induced to sign conveyances giving up the whole Peninsula, but, I am informed by old residents here, that many of them were so averse to their land being sold to the French Company, that they died in chagrin, rather than partake a share of the payment. The Nanto-Bordelaise Company's claim has never been examined before the Commissioner appointed to enquire into and report on claims for Grants of Land in New Zealand, and as that Court was directed by law to guide their judgments by good conscience and equity, we may fairly assume that it would have, on consideration of the before mentioned circumstances, excluded the lands the Natives denied having sold from the Nanto-Bordelaise Company's purchase.

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C—No. 3,

The original Commissioners, however, declined entering into the case, the purchase having been made subsequent to the Proclamation prohibiting the purchase of land from the Natives. When it was afterwards desired to have the question settled, the Agent for the Nanto Bordelaise Company could not be found, and Lord Stanley when Secretary of State for the Colonies, taking into consideration the amount expended on emigration by that Company, ordered a Grant to be made out for them of thirty thousand acres. The New Zealand Company purchased the claims of the Nanto Bordelaise Company, and, in virtue of other subsequent arrangements, whatever lands the New Zealand Company possessed, have reverted to the Crown, but, through all these proceedings, the original question as to what extent the Native Title has been extinguished by the French Company has never been decided ; and, as I am directed to let the Natives understand that there is no desire on the part of the Government to act otherwise than with the strictest justice towards them, I am not in a position to point out to them that the Government possess lands in virtue of a sale to the French Company, the validity of which has always been denied by them, and has, moreover, never been established by any competent authority to have existed. These Natives have pointed out certain portions of land which they acknowledge having sold to the French, and this is the block on both sides of the harbour now occupied by the settlers, chiefly under the Nanto Bordelaise Company's Title ; the remaining parts, those at present in dispute, were, they state, by a mutual understanding between them and Mr. Belligmy, the French Company's Agent, to be left for their use, or in other words, not to be considered as having been sold to the French. The Natives of Akaroa have furnished me with a nominal return of their numbers by which they count 140 souls, and possess 48 head of cattle, besides horses, and unless an annual decrease in their numbers takes place, the land offered to them will scarcely be sufficient for the subsistence of themselves and their cattle ; but, the greatest hardship they complain of, is compelling two distinct tribes who have hitherto resided on opposite sides of the harbour, to live together, the tribe on the South side being unwilling to come over to the North and reside on the reserve there, which, they conceive, belongs to the party on the North side—and who would view them as intruders ? However unreasonable this objection may appear, it is a repugnance which all Natives have to interfere with each other, and in other parts of the Islands of New Zealand, the system of laying out reserves without considering the local circumstances has been found not to answer. On the formation of the Canterbury settlement, when the possession of Banks' Peninsula became necessary tor the purposes of colonization, Mr. Commissioner Mantell, finding that the incomplete nature of the French purchase had not by any means fdlly satisfied the Native owners of the soil, extinguished their claims over the district around Port Cooper for a sum of two hundred .pounds, and secured to them an adequate reserve for their wants ; Port Levy was also purchased by the same gentleman for a like sum, with a similar reserve, and had the same liberal policy been at that time extended to Akaroa, the Natives say that all differences on the subject would have been avoided, and that they merely wish the same treatment to be measured to them as was granted to the other tribes inhabiting the Peninsula. I am not aware of Mr. Mantell's reasons for deviating in the case of Akaroa, from the policy carried out in other parts of the Province, with which the Natives are so well satisfied, and can only attribute it to the fact which appears in his correspondence that, being " anxious to terminate a temporary commission" in which he had accomplished all which was of importance regarding the extinction of the Native Title to the Colony about to be founded, he did not devote the time necessary to thoroughly examine the complaints of the Natives on the subject of their reserves, and being limited in his expenditure to the sum of £150 which they would not accept; he left the matter in the state in which it now lies; but had the duty devolved upon him of specially investigating the question again, I have no doubt but that he would have taken the same view of the case as that which I have endeavoured to explain to you. The Natives have now offered to make considerable concessions, and to give up the whole of the disputed land on the South side of the harbour, except a portion of the part on which they now reside, about 400 acres in extent, which is covered by their cultivations, and contains the burial places of their dead. They have been born on that side of the harbour, have always lived there, and cannot be induced to remove to the North side, and if compelled to leave that place they will cross the mountains on the South side of the harbour to the " Little Eiver," a locality also much desired by the European settlers, which the Natives offer to abandon in the event of their obtaiaing the reserve they wish, so that in fact nothing will be gained by withholding it from them. In the event of this being granted to them, the proposed reserve on the North side at Onuku can be curtailed in extent, to meet the requirements of the small tribe, these numbering about 40, and lam not certain whether the pecuniary consideration which I am authorised to pay will be required at all, as they have not entered into a discussion with me on that subject, the matter at issue being the position and extent of reserves for their actual use and subsistence. It is not in my power to report, except in a general way, the terms which the Natives will agree to, as I have confined myself to investigation bearing on the facts of the case, and have not made them aware that I have taken a different view to that which they suppose is entertained, so that should the Government decide on other measures, I have been careful that it should not be compromised by any admission on my part which the Natives might afterwards misconstrue into a breach of faith on the part of a public servant.

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I much regret tlie loss of time that must ensue in communicating with you, but I do not feel myself justified in acting without further instructions on the subject, and I shall remain at Akaroa until 1 receive your intimation of his Excellency's pleasure as to the further steps to be taken, and, if the Government should feel disposed to alter their views from the new light, which I may venture to say I have thrown on the subject, I have the honor to request that I may be empowered to lay out two suitable reserves for the wants of the Natives. One on the North and the other on the South shore of the harbour, and I will take care to communicate with the Commissioner of Crown Lands for the Province and avoid including any land in the Native Reserves over which the Provincial Government may have admitted any rights or vested interests on the part of the European population to be exercised. I have, &c, (Signed,) John Grant Johnson, Commissioner P. N. L. P. S.—Enclosed is a copy of a plan to illustrate the purchases alluded to in the report, and also a return of the Natives wha have ta be provided for. (Signed,) J. G. J. Laud Commissioner's Office, Auckland, sth August, 1856. SIE,I have the honor to report for your information that having received no further instructions, on the last arrival of theJZingari at Lyttelton, I returned to this place. All the further information which I have gathered on the subject of the claims of the Natives to land in Bank's Peninsula and the country North of the Ashley—only tends to confirm the tenor of my reports to you on the subject dated the 11th of May and 7th of June 1856. I would beg to correct a statement in my report of the 7th June, in which I stated that in the French Deeds executed by the Natives conveying Banks Peninsula to Capt. L'Anglois of the French Whaler " Compte de Paris" no reserves for the use of the Natives are mentioned, I now find a clause to that deed attached guaranteeing the Natives of Akaroa two reserves, being a bay on the North East side and a bay on the South East side of the harbour, which is all that they wish for, and are only holding the rest of the land until this just right is guaranteed to them. With regard to the claims advanced by the Natives of Kaiapoi to compensation for the land North of the Ashley, lam credibly informed that His Excellency Sir George Grey on his last visit to Canterbury offered them the sum of One hundred pounds in satisfaction of it. I have, &c, (Signed) John Grant Johnson, District Commissioner. Donald McLean, Esq., Chief Land Commissioner. Auckland.

August 11th, 1856. Sir,— I have the honor to acquaint your Excellency, that I find, upon conversation wilh Mr. Johnson,, who has recently returned from Akaroa, that it is possible a final arrangement might be made for the purchase from the Natives of the land still unpurehased at that place, and also for the settlement of an. old claim at Kaiapoi. I beg to represent strongly, that, if these matters are not now settled, the visit of Mr. Johnson will be attended with great evile, by raising the expectations of the Natives, and induciug them to expect more hereafter : and that a great evil will have been created, which would not have existed had no Commissioner gone down. If Mr. Johnson will write down instructions, what he wishes to be done, and what he thinks it is fair to do, the matter might be set at rest by any competent person on the spot, without either difficulty or expense. I have the honor to request Your Excellency's immediate attention to this subject. I have, &c, (Signed) James Edward Fitzgeeald, Superintendent of Canterbury. His Excellency The Governor. [Memorandum.] The history of this case appears to be, that Capt. L'Anglois, a French Whaler, purchased land at (Lkaroa from the Natives ; a section of the Natives did not agree to the sale ; and those who did, stipulated at the time that they should have certain reserves for themselves. A clause to this effect is inserted in the original Deed of sale. The extent or position of the reserves wa3 not then strictly defined, further than that an understanding existed, that they were to be situated, one on the North and the other on the South side o£ the Akaroa harbour, where the Natives were then residing , .

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C.—No. 3

The Natives who did not agree to sell the land in the first instance, and who did not participate in the payments made for it, demand some compensation before relinquishing their claims 5 and those who sold expect the reserves formerly promised to be assured to them by the Government. The -whole of Mr. Mantell's and Mr. Johnson's evidence goes to show that this question had never been fairly settled ; therefore it is evident that the Natives are only demanding their just rights : and no expectations have been raised, by the fact of a Commissioner having gone to Akaroa, beyond what existed before the formation of the Canterbury settlement, by the unquestionable rights of the Natives to the land over which their claims have not been extinguished. The real merits of the case are now so far ascertained, that I conceive the question can be settled on the following basis. Ist. That a reserve of 400 acres at Onuku on the North side of the Akaroa harbour be laid off for the Natives. 2nd. That a reserve of 400 acres, between Tikau Bay and the Wainui Valley, on the South side of the Akaroa harbour, be also laid off for the Natives ; and that compensation should be given to the Akaroa claimants, who did not participate in the first sale, to the amount of £150 ; which sum is now lying in the hands of Mr. Watson, the Resident Magistrate, for this purpose. 3rd. That with reference to the unextinguished claims at Kaiapoi, a sum of £150 should ba paid to the Natives, conditionally, that they first settle the Akaroa claims. 4th. Mr. Hamilton, as an officer of the General Government, and who understands the Natives pretty well is the most competent pereon that I know of at Canterbury to settle the question,—if his services can be available for this purpose ; —and it is necessary that the Natives should understand that this settlement is to be final. sth. The Reserves should be clearly marked off and defined by a competent surveyor, in the presence of the Natives ; in order that no future questions or disputes may arise about boundaries :— a deed of conveyance from the Natives to the Crown can be forwarded, together with further detailed information, to aid Mr. Hamilton in settling this case, should His Excellency approve of his being employed for this service. (Signed) Donald McLean. August 13th, 1856. Auckland, August 15th, 1856. Sir,— With regard to my letter to your Excellency on the subject of the Native Land Purchase at Akaroa, I have the honor to state that I am informed by Mr. Stafford that the funds must be provided out of the Provincial Chest, under the financial scheme of the Government. I beg, therefore, to assure your Excellency, that, if the necessary instructions can be got ready by this steamer, I will supply the funds required to the Commissioners appointed by your Excellency, upon being informed what ia required. I have, &c, (Signed) James Edward Fitzgerald, Superintendent of Canterbury, His Excellency The Governor, Private Secretary's Office, • Auckland, 16th August, 1856. Sib,— As it appears from a communication lately received by the Governor from the Superintendent of Canterbury that a final arrangement might be made for the purchase of the land from the Natives still unalienated at Akaroa, and also for the settlement of an old claim at Kaiapoi, His Excellency has directed me to request you will be good enough to undertake the management of these matters. His Honor the Superintendent of Canterbury has undertaken, on the part of the Provincial Government, to defray the cost of their settlement, and the compensation which will be allowed to you for your trouble will be left to the decision of the Colonial Secretary. Full instructions for your guidance, and all the necessary information will be furnished to you by this mail by Mr. Commissioner McLean. I have, &c, (Signed) F. G. Steward, Private Secretary. J. W. Hamilton, Esq., Collector of Customs, &c, &c, &c. Canterbury. Land Commissioner's Office, Auckland, 16th August, 1856. Sir,— I have the honour to enclose for your information and guidance, copies of memoranda and reports in reference to certain unextinguished claims to land at Akaroa and Kaiapoi, in the hope that you will have the goodness from your knowledge of the locality and the Natives, to undertake a settlement of these questions,

24

The principal object in view is to to effect a final and complete adjustment of these claims, so as to prevent any future revival of them by the Natives, taking especial care that a clause is inserted in any conveyances they may sign involving an undertaking that they themselves shall settle any claims that may for the future be adduced. I think this object can be attained on the terms recommended in Mr. Johnson's memorandum of the 4th instant, in which, and the other reports herewith enclosed, the whole circumstances attendingboth the Akaroa and Kaiapoi cases are so clearly explained, that it is needless for me to encumber this letter with any more detailed instructions for your guidance. I have, &c, (Signed,) Donald McLean, Chief Commissioner. You will receive by this mail a further communication from His Excellency the Governor on this subject. J. W. Hamilton, Esq., J. P., &c, &c. Lyttelton. Custom House, Port Victoria, August 29th, 1856. Sir,— I have the honour to acknowledge the receipt of your letter, dated 16th instant, with reference to my undertaking the settlement of certain land claims at Akaroa and Kaiapoi, and to request that you will be so good as to state to His Excellency the Governor that I will use my best endeavours to carry out his wishes and the Instructions, which I have received. I have, &c,, (Signed,) J. W. Hamilton, Collector. Captain F. G. Steward, Private Secretary, Auckland. ( Custom House, Lyttelton, October 9, 185 C. Sir,— Referring to your letter of the 16th August last, and my reply thereto, I have the honour to request that you will acquaint His Excellency the Governor that I have not succeeded in finding a competent interpreter through whom to conduct the negotiations for the surrender of their lands by the Maories of Akaroa and Kaiapoi. No application, in reply to a public advertisement for an Interpreter, has been made to me, nor do I entertain a very strong hope of obtaining the services of a competent Native scholar. Should I hear of such a person, I propose to make no arrangements for entering upon negotiations with the Maories before the next arrival of the Zingari steamer ; so that should His Excellency determine to detach an Officer from the Native Land Purchase Department by that opportunity, no proceedings of mine will have been undertaken by which embarrassment could be created for such officer. I do not feel myself equal to the task of entering, unassisted, upon negotiations requiring so thorough a knowledge of the Maori language as those connected with the transfer of lands even though, as in the present instance, terms have been mainly agreed upon by an officer of experience. I have, &c.< (Signed,) J. W. Hamilton, Collector of Customs. Captain F. G. Steward, Private Secretary, &c, &c. P. S.—l have no time left during the steamer's stay to report to Mr. McLean, and should feel greatly obliged could you cause a copy of this letter to be communicated to him if it appears necessary. (Signed,) J. W. H. Land Commissioner's Office, Auckland, Nov. 4, 1856. Sir,— I have the honour to enclose for your information, two translations of letters from the chief of Otakou in reference to claims advanced by them at Kaiapoi, which I shall thank you to return when you have done with them, as they are records of this office. It would be desirable to consult the Kaiapoi Natives and enquire of them whether these claims should be recognized or not. If the claims are to be admitted, they must be paid out of the sum placed at your disposal for the adjustment of the Kaiapoi claim. I regret that there is no Interpreter available at Auckland that could be detached to assist you in settling the troublesome question which you have kindly nndertaken to negotiate and arrange ; but, I trust you will be able to find an efficient person to assist you at Port Cooper.

C—No. 3

25

The Private Secretary has referred to me your letter to him on this subject, and, I have no doubt, an authority will be transmitted to you by the Zingari for the employment of an Interpreter on such terms as you may deem expedient and reasonable. I have, &c, (Signed,) Donald McLean, Chief Commissioner. J. W. Hamilton, Esq. Colonial Secretary's Office, Auckland, 4th Nov., 1856. Sir, — Referring to your letter of the 9th ultimo, addressed to the Private Secretary, representing the difficulty of your procuring an Interpreter to assist you in conducting purchases of land from the Natives, I have the honour, by direction of His Excellency's Government, to inform you that the stay of the steamer here on this occasion is so short that it would be impossible to despatch one from Auckland, but, if you be unable to advise the Government that you can procure one by the return of the Zingari from the South, an officer will be sent from hence. But, the Government trust that you will use every exertion to obviate the necessity for this, as the expense to be incurred thereby would be considerable. I have, &c, (Signed,) W. Gisboene, Under Secretary. The Collector of Customs, Canterbury. Lyttelton, December 4, 1856. Sm ( — I have the honor to report, for the information of Her Majesty's Government, that, finding the Native Land question had reached a highly favourable point with the Maories for effecting a settlement of it at once, I have felt it right to make every exertion to carry out His Excellency's instructions. I have succeeded in obtaining the kind services of Mr. Aldred, Wesley an Minister at this place, than •whom no other Interpreter can be found among the residents of this Province. From what I learnt from that gentleman of the anxiety of Maories for an immediate settlement, and of their determination to come to no terms after any much longer delay, I have' not waited for any Interpreter to come from the North. I proceed on the 6th to Akaroa. I have, &c, (Signed,) J. W. Hamilton. The Honourable The Colonial Secretary, &c, &c, &c. / Akaroa, December 11th, 1856. Sib, — I have the honor to report, for His Excellency's information, that I have this day obtained the surrender to the Crown from the Maories of their remaining possessions on Banks' Peninsula. The skill with which Mr. Commissioner Johnson's previous negotiations were conducted had left me an easy task to perform. But, without the influence which Paora (Native Assessor) and the principal Maories of Eapaki, Port Levy, and Kaiapoi, lent towards the settlement of this land question, it would probably have remained open for many years to come. The Government are indebted to the Revd. Mr. Aldred, of the Wesleyan Mission, for the kindness with which he has lent his services as an interpreter, and undertaken a tedious and troublesome journey to Akaroa, at a season wh«n he could ill spare the time for it. No other competent Maori scholar caii be found in this Province. The arrangement with the Maories is based on Mr. Johnson's Memorandum of 14th August last. They insisted however on retaining 400 acres for a reserve at Wairewa (Little river J, and unanimously rejected, in the most positive terms, the «£lso offered as payment, unless, this reserve were to be made, as well as that at Onuku and Wainui. The boundaries of the Reserves have been provisionally agreed to. They are to be finally decided upon on the ground itself:—and Mr. Davie, of the Survey Department, who has been present at the meetings with the Maories, is to survey them as soon as the lines are cut through the Forest. I shall proceed to-morrow upon this service ; owing, however, to the density of the Forest, the mountainous character of the country, and the necessity for proceeding by water to the several reserves, it will be necessary to remain ten days or a fortnight in this neighbourhood. The crops now standing on lands not included in the reserves, are to be gathered in before any act of occupation is to be allowed to settlers. I request leave to call your special attention to this fact, —and that you will move His Excellency, previous to the signing of any Crown Grants for portions of this recent purchase, to cause the insertion of a condition guarding the Maori wheat crops to the end of March, and their potatoe crops to the end of May 1857 : or perhaps the Canterbury Land Department should be required to certify that no land so cropped is included in any Crown Grants sent up for His Excellency signature.

26

The Kaiapoi question I shall be unable to undertake till the end of January, when Mr. Aid: will be able to spare time for it. He apprehends no difficulty with it, I find, however, that Natives of Kaikoura, 80 miles North, are interested in it, and their consent will be indispensable. In illustration of the forbearance the Maories exercise towards us when trespassing , on their land, I may observe that the whole of this newly purchased tract has long been let by the Crown, and occupied by Cattle and Sheep runs, and part of it positively sold as freehold. And it is a fact worthy of notice that so early as the year 1850, when the Canterbnry Association's Surveyors first crossed the Ashley (Eakahauri) the Kaiapoi Natives complained to me that the land North of it had never been sold by them. The Kaikoura Maories had previously asserted the same thing to me. I represented the matter officially to the New Zealand Company's Chief Agent. But until Mr. Johnson's arrival here no official enquiry into the case seems ever to have been made. I have, &c, (Signed) J. W. Hamilton. The Chief Commissioner of the N. L. P. Department, Auckland. Native Secretary's Office, Auckland, January 6th, 1857Sic,— I have the honor to acknowledge the receipt of yonr very interesting report of the 11th ultimo, notifying the surrender to the Crown by the Natives of their remaining possessions in Banks' Peninsula. In reply, I am directed by the Governor to convey to you His Excellency's thanks for the able manner in which you have brought this long pending question to such a satisfactory termination ; the more so from the fact that the question was one which-was generally misunderstood on the part of the Europeans ; and in which the Natives might infer that the Government was not acting on those principles of equity and good faith that have been observed in the various other treaties for the cession of territory that have been made between the New Zealand tribes and the officers deputed by Her Majesty's t representative to effect those treaties. The Maories in this particular instance have probably felt that advantage was taken of the comparative weakness of txieir position to deprive them of the land to which their claims had never been extinguished, while with few exceptions the Europeans were laboring under an impression that the Natives were setting up claims and endeavouring to extort further payments for lands which they supposed had been purchased. These misconceptions have now, after a sifting investigation been happily removed, and it is to be hoped that the Natives will feel that while His Excellency would not tolerate any imposition on their part that it affords him the greatest pleasure to recognize and religiously observe all their just rights, as nothing would be more foreign or repugnant to His Excellency's feelings than to learn that in any way the Natives should be divested, without compensation, of a single acre of their lands to which they had a just and equitable claim. I am further directed by His Excellency to request that you will convey to the Eevd. Mr. Aldred his best thanks for the able and indispensable assistance he has rendered to you in acting as Interpreter as well as to the Paora and the other Chiefs, whose combined influence and co-operation have so materially aided you in bringing this negotiation to such a pleasing issue. His Excellency will cause instructions to be given to preserve the rights of the Natives to their lands under crop until the end of March, 1857, the period you have limited in your report for this purpose. I have, &c, (Signed) Donald McLean, Native Secretary. J. W. Hamilton, Esq., J. P., &c, &c, &c. , , f Lyttelton, January Bth, 1857, Bm,— On my return on the 24th ulto., from completing the Native land purchase at Akaroa, I found Whakatau (or Kaikoura) chief of the Kaikora Maories, with some 20 or 30 of his principal people, waiting to see me. Hearing that Government were in treaty with the Kaiapoi Natives for the surrender of their lands North of the river Ashley (Eakahauri) which, although unpaid for, have, notwithstanding their repeated remonstrances, been in our occupation for some six years past. Whakatou came to assert the rights of himself and his people. Whakatou stated at the interview I had with him, in presence of the principal Maories of Kaiapoi, Kapaki, Port Levy, &c, (who are all members in common with the Kaikoura people of the Ngaitahu Tribe) that Ngaitahu are the lawful owners of the country southwards from Pari-nui-o-whiti (The white Bluffs) between the Wairau and the Awatere(Wakefield); of this tract the Kaikoura Maories claim the special ownership as far as the Waiawha, which was fully admitted by the Kaiapoi and Eapahi Maories who, on the other hand, claim no special ownership north of the Waiau-ua. Their lands may be estimated at 1,000,0.00 to 1,500,000 acres, accordingly as Waipara Eiver or old Kaiapoi Ta is taken, as the South Boundary. \

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C—No. 3

The late Government of New Munster, it is stated, paid RawiriPaaha and the Ngatitoa tribe of the North Island £150 for the country from Wairau to Kaiapoi on the ground of their asserted conquest of it some 15 years since or more when lead by E auperaha. Ngaitahu deny the right of Ngatitoa to sell, Ist. Because if it is to rest on conquests the right still remains to them the original possessors of the soil. For in their last affairs with Ngatitoa they pursued Eauperaha as far as Port Underwood under Tukawaoiki or Bloody Jack —driving him off the coast of Kapara-te-hau (to whalers " cobler's hole" at the mouth of the Owhetero or Blind River west of Cape Campbell ; and subsequently in an affair at Fighting Boy, which lies between Port Underwood and Tory Channel, the Ngaitahu destroyed one Canoe full of the Ngatitoa, whose deaths have never since been avenged. 2dly. If the right is to appertain to occupation and possession the Ngaitahu have ever since their asserted conquest and these subsequent affairs remained in undisturbed occupation of the lands in question. This is proved by the Pas they have occupied at Kengerengu (Keggeregoo of Whalers) Parikawakawa and now occupy at Waipapa, Ohau, Kaikoura, Amihi, Mikonui and Amuri Bluff. 3rdly. That if it be conceded that they were conquered by Rauperaha he never occupied or possessed their country so as to maintain his right to it in accordance with Maori Custom. The whole of the country from Pari-nui-o-whiti southwards has long been occupied by sheep owners, but the Kaikoura people have never received one shilling for it, with this exception only, Sir George Grey in about October 1852 paid £50 to Whakatou for the surrender of Waiopuka, Fyfe's Whaling Station on Kaikoura Peninsula N. E. extreme. A promise it is stated was then made by the Governor to have this purchase marked off and surveyed ; the promise has not been fulfilled. About this time some Surveyor sent by the Government of New Munster to chain along the Coast from Half Moon Bay to Waipapa was turned off the ground by Kaikoura and his people in assertion of their ownership. By a census taken recently for the Nelson Government, as I understood them to say, the Kaikoura Maories numbered 78, of all ages and sexes, since increased by two births. They reside or cultivate at Waipapa, Ohau, Te Hapuku, Maunga. Mahuira, Wainuaiarara, Kaikoura Pa, and Mikonui. Ihaia Rawiri, Raihauea, and Whakatou, are their principal men. On enquiring I learnt that Kaikoura received some of the money paid by Mr. Mantell for the purchase he was employed in 1848-49 and 50 in making as for north as Kaiapoi. But that this was given by his kinsmen to Whakatou (Kaikoura) as a present not as a right,—and in consideration of his connection with the owners of land about Moeraki, Waiatemati, and Timaru. Kaikoura (or Whakatou) and his people commission me to offer to surrender to the Crown the whole; of their lands as claimed by them. The payment to be the same as that recently made for Akaroa and about to be made for Kaiapoi, viz., £150. They retain two reserves, viz., of 400 acres at Waipapa old Fishery, extending southwards towards Ohau, aud one of 600 acres at the Kahutara River, extending northwards towards Waioruaraki ; or such other reserves as may be agreed to on a mutual iuspection of the Country by purchaser and seller. The reserves to be distinctly marked out and surveyed as soon as possible after payment is made. Copies of the Survey and Deed of conveyance to be lodged with the vendors. Enquiry at Nelson and Wellington, and search among the Records of New Munster, now lodged at Auckland, will prove the value of the facts stated by Whakatou. Assuming them to be correct and that his title is good, at least as far north as Waipapa, where his people actually now have residences, the proposal appears highly advantageous to us, as Government have already so far recognised their title &s to buy a portion of Kaikoura Peninsula. I feel bound to recommend that this opportunity be seized upon of satisfying, for the small sum of £150, a claim over not less than 1,200,000 acres of countiy, and at the same time of dealing honourably and fairly by the ostensibly rightful owners whose property we have now so long been enjoying. The land offered is all in the Province of Nelson, and as a Survey is now going on in the vicinity of Amuri it would not cost much to detach a Surveyor to mark out the reserves; a reference to the admiralty chart of New Zealand will shew its position. The northern portion is very mountainous and in a great degree useless for anything but sheep-farming ; but the remainder contains much fine available level land and some of the finest mountain pasture in Middle Island. The land about the proposed reserves is quite unfitted for the purposes of Europeans. In regard to the quantity it will be a matter of indifference if they retain 2,000 acres at Waipapa which is covered with high precipitous spurs of the Kaikoura mountains. It should be remarked that the Akaroa and Wairewa Natives, numbering about 90, or less, retain 1,200 acres, an amount which seems barely sufficient for them, as they own some 80 head of Stock, and have already applied to rent 400 acres of the pasturage just sold by them to the Crown at Little River. (Wairewa) the Kaikoura Maories also own some cattle and horses. At my interview with Whakatau to-day, I was for the first time informed that a branch of the Ngaitahu tribe known as Putini or Arahuru, own the country Westwards from the central mountain range of Middle Island to the West Coast. Putini and Arahuru, where they reside, are now used indifferently for the West Coast or its inhabitants. These numbered 97 according to Mr. Brunner in J 847. After the Kaiapoi and Kaikoura lands are purchased there will, as I understand the Maories to say, still be left those of the Putini branch of the Ngaitahu, as the progress of the settlers on the Eastern. Coast will soon lead to the exploring and occupation of the upper parts of the Putini country, in the same manner, probably, as that of the Kaikoura country ; I mean without any recognition of the rights or claims of the Maori occupants. lam of opinion that the Government is called upon to take an early opportunity of setting at rest the last Native claim which I conceive it will then be possible to raise for land in this Island.

28

I shall make it my study when settling the Kaiapoi claim on the 4th proximo, to make further enquiry into the title of the West Coast or Putini Maories. With reference to purchase monies, I shall state that the payment for Akaroa of £150 will regulate all the others, for each of the three populations of Kaiapoi, Kaikoura, and Putini, rate themselves as equal in importance to that of Akaroa, and their lands as equal in value ; they would, therefore, not consent to receive any less sum than £]50. With Reference to the general question of Ngaitahu Title, the following observations suggest them- I selves. The Kongitona, now almost extinct, appears to have been the original occupants of the Northern portion of Middle Island, and might possibly maintain some kind of claim as far South as Waipapa or Waiau Toa (Clarence river.) They seem, however, to have been hemmed in on both sides by Ngatitoa and Ngaitahu, and lam not able in this part of the country to learn much about them. South of Waipapa, however, I am of opinion, as I have before stated, that the Ngaitahu Title is incontrovertible. Mr. Commissioner Mantell writes on the sth September, 1848, at the time the Ngaitahu were first treated with by Government for any of their land within the boundaries of the present Canterbury and Nelson Provinces: " The Natives to whom I entrusted this letter are going to Wellington to assert their right to the land between Kaiapoi and Kaikoura, included in the Nelson Block sold by Ngatitoa. From the account given by this tribe, I am much inclined to doubt the right of the Ngatitoa to sell the land in question : but, I may mention, that at the last payment for the Ngaitahu Block the sum apportioned by the Commissioners for the Kaiapoi District was by the Natives allotted to the land between Waimakariri and the Peninsula, and to that from Kaiapoi Pa to the Waipara." Again, the same gentleman writing to Lieutenant Governor Eyre, from Akaroa, 21 st September, 1848, says "At my late conference with the Ngaitahu Natives at Kaiapoi, I found them much excited at the cession of land North of that place by the Ngatitoa. I told them plainly my Mission had no reference to the land in question, but that I would willingly forward to His Excellency the Lieutenant Governor an abstract of their statement. Notes of their assertions on that occasion. Firstly, that the land was never occupied by the Ngatitoa : secondly, that the Ngaitahu have never ceased to dwell at or near the disputed land : and thirdly, that subsequently to the last inroad of the Ngatitoa the Ngaitahu successfully conducted an expedition against that tribe which has not been avenged." This evidence seems to me conclusive in favour of Ngaitahu, for Mr. Mantell's knowledge of the Cook's Strait Maories was so complete, that he could hardly be misled on noted facts in their history, or drawn on to express an opinion where he had not sifted his evidence. The very farthest point to ' which it seems possible to assert that the original Kaiapoi purchase extended is Waipara (about 10 miles North of Kaiapoi). But from thence to Waipapa, or Waiau Toa, the distance is 80 miles, and to Pari-nui-owhiti (the extreme Northern boundary of the Ngaitahu claim) 40 miles more ! In pursuing this enquiry, I am aware that I labour under the disadvantage of inability to correct myself by the Records of Mr. Kemp's transactions ; the deed of conveyance obtained by him from the Ngaitahu Tribe, or by the account of the negotiations between the New Munster Government and the Ngatitoa. To all these you will be able to reler at Auckland before you are concluded upon this question, which seems to become narrowed to the enquiry whether Ngatitoa only made an inroad instead of a conquest as far as Kaiapoi, and whether at the very farthest, they could claim possession South of Waiau Toa or Waipapa. I have felt it my duty to supply all the information that has reached me on this subject, believing that a primaface case of great injustice done them is already established by the Ngaitahu, and that the Government will no longer allow it to remain unadjudicated upon. I enclose a sketch of the Coast and Country from Waipapa to Kaiapoi, and beg you, for further explanation, to refer to the Admiralty General Chart of New Zealand. I have, &c, > (Signed) J. W. Hamilton. Donald McLean. Esq., Chief Commissioner, &c, &c, &c, Native Land Purchase Department, Auckland. Land Commissioner's Office, Auckland, March 31, 1857. SiE,— I have the honor to acknowledge the receipt of your letter of the Bth January last, respecting the unsettled claims of Whakatau and his tribe to lands between the White Bluff, and the Waianua. I feel exceedingly obliged for the trouble you have taken in enquiring so fully into the merits of this claim, which, from the sentiments of Whakatau, (who, I am informed, is a very upright and trustworthy chief,) deserve careful consideration on the part of the Government. The New Munster records are being searched, with the view of having copies of all documents connected with the purchases at the Middle Island examined ; to ascertain the merits of the claims referred to ; and in order that copies may be forwarded as records to your office at Canterbury, if you will kindly take charge of them. \

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My absence at the Northern settlements has prevented earlier attention to this subject. I have recommended in my Eeport on the final settlement of the Nelson question, that a sum of one hundred pounds should be set apart for the remnant tribe residing at Arahura, together with sufficient Reserves for their present and future requirements. Admitting that they are entitled to fifty pounds (£5O) more, and that the Kaikoura natives to one hundred and fifty, this would only leave three hundred pounds to be provided for the final extinction of the claims of the Aboriginal tribes to the Provinces of Canterbury and Nelson ; a sum which I feel satisfied the Government would not hesitate to pay, on its being fully ascertained that the rights of the Kaikowa tribe are clearly established, in addition to making such reservations for them as may be found requsite. The Government is placed at great disadvantage in not having an officer stationed at the Middle Island who should be entrusted with the siftingof such information as would lead to a thorough knowledge of cases like those now adverted to by you. Consequently it has been inadvertently led to overlook claims that required greater consideration. I trust, however, that this may be rectified, and that in the course of next summer, which will be the best season of the year for collecting the Natives and marking off their Reserves, that a final adjustment of these outstanding questions may be effected in order that the Government may not be reproached with overlooking the rights of the Aboriginal proprietors of the districts referred to. I shall therefore not fail to keep the subject of your letter under the consideration of His Excellency's Government. I have, &c, (Signed) Donald McLean, Chief Commissioner. J. W. Hamilton, Esq., Canterbury. Colonial Treasury, Auckland February 12th 1857. Sir, — Adverting to your communication to the Native Secretary of the 11th Dec. last, respecting the arrangement concluded by yourself for the extinction of the outstanding Native Claims in Banks' Peninsula, and for defining the Native Reserves in that District, I have the honor to convey to you the thanks of His Excellency the Governor for the satisfactory manner in which this long pending case has been settled by you. The Superintendent of Canterbury has been informed of the stipulation which you report to have been made relative to the Native Crops, and has been invited to aid in securing its exact performance. I have, &c, (Signed) C. W. Richmond. J. W. Hamilton, Esq., Canterbury. Colonial Treasury, Auckland, February 12th, 1857. Sir,— In notifying to your Honor the conclusion under the conduct of Mr. Hamilton, of the substantial terms of an arrangement for extinction of the outstanding Native Claims in Banks' Peninsula, and for defining the boundaries of the Natives Reserves in that o District, I have to call your Honor's attention to a stipulation which is part of that arrangement, to the effect that the Maories are to be allowed to the end of March next, to gather in their wheat crops, and to the end of May next to gather in their potato crops, on the lands now occupied by them, and that, meanwhile, every kind of occupation of the lands in crop is to be strictly prohibited to settlers, —and I have to ask your Honor's co-operation to secure the exact observance of these conditions. I have, &c, (Signed) C. W. Richmond. His Honor The Superintendent, Canterbury. Superintendent's Office, Christchuroh, March 3rd, 1857. Sir, — In reply to your despatch of the 12th ulto., on the subject of the Natives' Crops standing on lands recently purchased, I have the honor to state that instructions to meet Mr. Hamilton's wishes were immediately conveyed to the Waste Land Board by the Provincial Government. I have, &c, (Signed) James Edward Fitzgerald, Superintendent of Canterbury. The Honorable The Colonial Treasurer.

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Lyttleton, January 18th, 1857. Sic, — Referring to your letter of 4th Nov. last, authorizing the payment of an interpreter in the settlement of the Akaroa and Kaiapoi land question: I have the honor to state, that, as I could find no competent Maori Scholar in the province, the Revd. J. Aldred, of the Wesleyan Missions, has been kind enough to undertake the office for the Government. By the 6th of February, when I shall hope to have concluded the Kaiapoi purchase, he will have been occupied some 12 or 14 days specially for Government ; besides having had to submit to the inconvenience of incessant interruptions, such as all persons engaged with the Maories are so much subjected to. Mr. Aldred would not receive pecuniary remuneration ; but I venture to suggest that a testimonial from Government would doubtless be acceptable to him. Probably some standard work of repute presented in the name of His Excellency, and the Admiralty Charts of New Zealand, together with the published map of this Province, would be a suitable acknowledgement of his services. A regular Interpreter's charge would have been perhaps £1 per diem. . I have, &c, (Signed) J. W. Hamilton, Agent for purchase of Native lands at Kaiapoi and Akaroa. The Honorable The Colonial Secretary. Colonial Treasury, Auckland, March 3rd, 1857 Sir,— Refering to your letter of the 18th January, in which you suggest that a Testimonial from Government should be presented to Mr. Aldred in acknowlegement of the assistance rendered by him as Interpreter in the settlement of the Akaroa and Kaiapoi Land question, I am directed to convey to you the necessary authority for obtaining a suitable present for Mr. Aldred, the expense not to exceed Ten pounds, and to request you to inform that Gentlemen that the Government fully appreciated the valu- f able service rendered by him on the occasion referred to. I have, &c., (Signed) W. Gisboene, Under Secretary, P.S.—lt is to be observed that the maps and charts alluded to by you are nol procurable here. (Signed) W. G. The Collector of Customs, Lyttleton, Canterbury. Colonial Treasury, Auckland, February 12th; 1857. Sir,— Mr. Hamilton having reported to His Excellency through the Native Secretary that you afforded whilst lately engaged in negociations with the Natives at Banks' Peninsula, most material aid by acting as his Interpreter, I have the honor by direction of the Governor to tender you His Excellency's thanks for that service, which are the more due, as it appears that your assistance on that occasion was rendered at considerable personal inconvenience to yourself. I have, &c, (Signed) C. W. Richmond. Revd. John Aldred, Canterbury. Lyttleton, January 18th, 1857. Sir,— With reference to my letters of 11th December, 1856 (dated Akaroa) and of the Bth instant, I have the honor to suggest that for the protection of the interests of the Maories of this Province, it is highly desirable that complete copies of documents connected with all purchases of land from them should be filed in some Public Office, so as to be accessible to them; or to persons acting on their behalf. In negociating with the Akaroa and Kaiapoi Maories, I have greatly felt the inconvenience of not having such documents accessible to me. Connected with this subject I beg to point your attention to the following passage in a letter of Mr. Commissioner Mantell's, dated Sept. 21st, 1848, which by accident I have had before me: " I have further guaranteed to the Natives that the site of the ancieot Pah " Kaiapoi" shall be reserved by Her Majesty's Government to be held sacred from both Europeans and Natives. Circumstances rendered it unadvisable for me to wait for a survey to be made of this place, which I therefore, with the universal consent of the Natives disposed of in the manner before mentioned." On the published Maps of Canterbury, Kaiapoi old Pah does not appear as a Reserve, or tinted red, as all the other Reserves are. lam aware, from enquiry just made by me of Mr. Cass, Chief Surveyor of this Province since 1850, that the Local Governments and the authorities of the Land Office are in

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complete ignorance of the promise made by Mr. Mantel!, nor can I even obtain from them any copy of, or information respecting the Maori Deed of conveyance upon which alone rests their equitable right or recognised power to sell any land in the Province. I say power, because whatever theorists and lawyers may choose to maintain of the Crown alone being the source and origin of all real title, there were lands about Akaroa Harbor which until the recent purchase, the Maories had always warned and compelled surveyors and persons claiming the ownership of, to desist from trespassing on, and they would have enforced their warnings by violence and bloodshed, if unheeded. I beg to suggest that you move the proper anthorities to take steps necessary to give full effect to the pledges of Mr. Mantell acting for the Crown in former years, and to prevent any desecration of Kaiapoi old Pah, which is sacred to the Maories from the number of their ancestors who fell and are buried there. Connected also with this subject, I beg your notice of the fact, that since I have been engaged in the public service at Canterbury I have never yet (especially as a Magistrate) been able to find any competent Maori Interpreter, the Eevd. Mr. Aldred excepted. But this gentleman being engaged on Mission duty can but very rarely attend to any other. The Maories may therefore be considered as enjoying the barest protection from Government and the Law. In the Courts there is the greatest difficulty in adjusting their disputes, and they have no means of full intercourse with the Local Government. I feel confident that had they been able to make their complaints known to some person capable of understanding them and acting between them and the Government, they would not for six years until now, as evidence compels me to believe , , have suffered l the injustice of having their lands North of Kaiapoi occupied by us without payment for it, or at least their claim, even if bad, would long since have been investigated and pronounced upon by authority. Speaking on behalf of a population of some 400 or 500 Aboriginal Natives residing in Canterbury Province, I think they have a fair and equitable claim on the Government, to have some competent person sent amongst them periodically, say every 3 years at least, to assist them in settling all their affairs of importance, and to stay amongst them long enough at one time to do this duty in an efficient manner. I have, &c, (Signed) J. W. Hamilton, Agent for Kaiapoi and Akaroa Land PurchaseDonald McLean Esq., Chief Commissioner. Lyttleton, January 19th, 1857. Sin,— Referring to your letter of 4th November last, and to Mr. Johnson's Memorandum therein enclosed, I have the honor to state that I purpose applying the sum of £150 which I was authorised as Sub-Treasurer (by the Colonial Secretary's letter of 31st May 1856, No. 79) to advance to Mr. Johnson to the settlement of the Kaiapoi Land question. I beg however that you will be kind enough, for the purpose of enabling me as Sub-Treasurer, to support my expenditure before the Auditor-General, by the proper authority under the last regulations, to move the General Government to issue the necessary authority to their Sub-Treasurer for this Province, with instructions as to what Departmeut on the Estimates the expenditure shall be charged against. My reason for requesting this new authority is that the Estimates passed subsequently to Mr. Hall's letter of 31st May, appears to supersede it, and more recent Treasury regulations require very explicit authorities to be supplied. • I have received from Mr. Watson a sum of £150, placed in his hands for safe custody by Mr. Johnson, for which I shall account to the Auditor General in due course. The amount was applicable to the Akaroa purchase. I have, &c, (Signed) J. W. Hamilton, Agent for purchase of Native land at Akaroa and KaiapoL Donald McLean, Esq., Chief Commissioner. Lyttleton, January 26th 1857. Sir,— It has occurred to me that some slight acknowledgement from Government is due to Paora of Rapahi, and those Chiefs, not belonging to Akaroa, whose influence alone, in my opinion, has led to the acceptance by the Akaroa Natives of the terms offered for their lands. Some £5 or £10, spent in a present such as your experience will suggest as most suitable for those Chiefs whose services Mr. Aldred may consider to have chiefly contributed to a settlement of the Akaroa question, will not I think, be badly spent. I should observe that not less than 50,000 acres have been surrendered to us for the small sum of £150, and contingent expenses amounting only to £45. I have, &c, (Signed) J. W. Hamilton. Agent for the purchase. Donald McLean, Esq. Chief Commissiones.

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Colonial Treasury, Auckland, March 10th, 1857. Sik, — I am directed by the Colonial Treasurer to authorize you to pay to the Native Chief " Paora" and the other Chiefs who assisted in obtaining the cession of land at Banks' Peninsula, a sum not exceeding ten pounds, (£10) which should, if possible, be expended in the purchase of useful agricultural implements. I have, &c, (Signed W. Gisborne, Under Secretary. The Sub-Treasurer, Lyttleton. Land Commissioner's Office, Auckland, March 10th, 1857. SiE,— With reference to your letter of 10th January last, stating your intention of applying the sum of £150 which you were authorized as Sub-Treasurer to advance to Mr. Johnson for the settlement of the Kaiapoi Land question, I have the honor to inform you that the Sub-Treasurer at Lyttleton has been instructed to adrance the above mentioned sum to you, to be expended in the manner proposed by you, and to be charged to the temporary Loan of £100,000. I have, &c, (Signed) Donald McLean, Chief Commissioner* W. Hamilton, Esq., Lyttleton. Colonial Treasury, Auckland, March 10th, 1857. Sib,With reference to the letter addressed to you by the Colonial Secretary on 31st May 1856, No. 77, I am directed by the Colonial Treasurer to inform you that you are authorized to advance to Mr. Hamilton the sum of One Hundred and fifty pounds therein referred to, for the settlement of the Kaiapoi Native Land question. This expense is to be charged against the temporary Loan of £100,000. I have, &c, (Signed) W. Gisbohne, Under Secretary. The Sub-Treasurer, Lyttleton, Canterbury. Kaiapoi, Feb. sth, 1857. Sib,— I have the honor to report for His Excellency's information, that the Maories of Port Levy, (Kokorarata) Eapaki and Kaiapoi, have this day by deed, surrendered to the Crown the irremaining lands nothward of Kaiapoi for the sum of £200. The tract ceded comprises about 1,140,000 acres. It extends from Kaiapoi old Pah, and the Northern . boundary of Messrs. Kemp and Mantell's purchase, made in 1848 and 1849, to the Waiau-ua, a distance of about 50 miles North and South; and from the Coast back to the sources of the Ashley, (Rakahauri) I the Hurunui, and the Waiau-ua, where the waters of the East and West Coasts are divided, —being a distance of about 60 miles East and West. About 480,000 acres are situated in the Nelson Province ; being North, and on the Nelson side of the River Hurunui, which forms the Northern boundary line of Canterbury. The remaining 660,000 acres are situated in this Province, between the river Hurunui and the boundary line of Messrs Kemp's and Mantell's purchase, above referred to. I have previously stated my inability to obtain iv this Province, the Deed of sale by which I could distinctly learn how the Kaiapoi boundary line runs. The Natives did not seem at all clear about it, when stating that it runs from old Kaiapoi Pah, to H Mt. Thomas." This line would probably cross the Ashley far to the Northward of its sources. To prevent any future doubts, and to ensure including all the ramaining land of the Maories within the purchase just completed, I had the sources of the Ashley named as the commencement of the inland boundary. Thus, part of a former purchase may appear to be over-lapped by the present one. But the vendors are not thereby to be charged with fraud in twice selling the same land. The vendors claimed no right over the land to the Westward of the watershed of this portion of Middle Island. They stated that the Arahura, or Putini, Natives own it. Consequently no reference to the West Coast country appears in the Deed enclosed. Had I been able to communicate with the Arahura people, I should have endeavoured to include them in a negotiation for one general transfer of the lands between both Coasts. ~ V

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My mission, it will be observed, was simply to treat with the Kaiapoi Maories for the extinction of their title within this Province. But they understand nothing of our Intra-Provincial boundaries My only proper course, so as to avoid difficulties now and at a future day, was, I conceive, to obtain whatever land they were willing to sell, irrespective of mere arbitrary lines of demarcation set up by ourselves. I should have experienced much less difficulty in negotiating with the Maories, had a wider discretion been allowed me, especially in regard to money. It is unfortunate I think, that the sum of £500 or £600 was not at my disposal; as I feel convinced that for such sum I could have concluded one general purchase of the whole country ; for the remaining unsold portion of which, separate treaties must now be entered into with the Kaikoura and Arahura Maories. I have incnrred the responsibility of adding £50 to the £150 recommended in Mr. Johnson's Memorandum to be set apart for the Kaiapoi purchase. In my letter of Bth January, conveying the Chief Kaikoura's offer to His Excellency, I brought forward the strongest prima facie evidence that the Ngaitahu tribes were the only rightful owners of the country North of Kaiapoi. That the question may be understood in its details, and the fairest consideration given to it, it seems right that I should subjoin the following minutes of the proceedings at Kaiapoi. KAIAPOI LAND PURCHASE 1857. MINDTES OF PEOCEEDINGS. 1857.—February. Tuesday 3rd. Left Lyttelton for Kaiapoi The Eevd., J. Aldred, of the Wesleyan Missions, again kindly lends his services to Government as Interpreter. Wednesday 4th. Met Maoris of Port Levy, Rapaki, and Kaiapoi, by appointment. Present also Whakatau, Chief of Kaikoura, and some of his people; also some Akaroa Natives, of whom Wiremu Korowheko, Chief of Onuku ; Hoanl Papita Akaroa, Chief of Wainui; Mautai, Chief of Wairewa, These Maories attended as relatives, and having some claim to share in the payment, not as enjoying any positive rights of ownership. They took no part in the proceedings. Commenced by stating,—My commission was simply to offer from the Governor £150 for the land North of Kaiapoi. Maories required Reserves at Hurunui and Motuuau. Keplied; I had no instructions to entertain any question of Reserves in this case. Maories urged want of room for their increasing stock, insisting on a new Reserve, also on the fact of my agreeing to one at Wairewa, without having instructions. Replied : Wairewa was agreed to, because Mautai and his people were in occupation, and would have no other place to reside on and cultivate; but besides their separate Reserves at Rapaki, Purau, and Port Levy, all very ample, they had at Kaiapoi about 2640 acres, twice the quantity of all the Akaroa Reserves for a population not much larger. After many long speeches, my offer positively and absolutely rejected by acclamation ; and counter-offer made to settle the matter then and there, Ist for £500 cash ;or 2nd for the £ 150 named, and an ample Reserve. They urged the value and extent of their land ; the price we had been selling it at ourselves, to prove the reasonableness of their offer. The land had been stolen from them, —they denied the Ngatitoa's sale, and challenged us to point out houses, burying places, Pas, or any signs of Ngatitoa's ownership. South of Kaiapoi all had been fairly bought, our ownership was unquestioned. I declined the Ist offer, not having £500 or authority to draw for it. The 2nd offer, on same grounds as before. Maories then offer at once to accept £150, as a part payment of the £500, leaving to the good faith of the Governor, payment of the remaining £350. Declined such a loose transaction, as well on their account as on that of the Government. Offered next on my own responsibility to add £50 to the £]50 placed at my disposal by the Governor, and pay the whole £200 at once. My powers being limited, I would incur no further responsibility. Offer very decidedly rejected. Left them to consider it for three hours. On my return the offer was again formally rejected. I then proposed that during the night they should agree to their own proposal, which I would convey to the Governor. I should remain till noon next day at the Kaiapoi Hotel. Meeting broke up about sundown. Thurday sth. Early this morning principal Chiefs request me, by message, to delay my departure and the sending back of the £200 till they should meet me. Shortly after they arrived. Stated : my proposal was discussed during the night ; renewed their several offers of yesterday, dwelling strongly on the necessity for their having a large Reserve. Declined to reconsider these offers, and proposed to convey their terms to the Governor for consideration. Chiefs then expressed their willingness to accept the £200, but required written guarantee that I would represent their case strongly to the Governor, and use my influence to obtain the full sum of £500. Declined : saying, being too confident of tha favorable result of my representations, they would be tempted incautiously to sign away their land. I would not assert that my representation would carry any weight at all. Chiefs insisted, these were their terms : they fully understood their risk, and that I could not pledge the Governor. They believed a fair and generous view of their case would be taken, as soon as it was thoroughly made known. They desired an immediate settlement on these terms. I felt very unwilling to close with them for these terms, believing their demand for £500 to be a very reasonable one. Being much pressed, I agreed to their proposal; after making them thoroughly understand the uncertainty of its being attended to, I gave a guarantee that I would recommend the distribution of £200 among them all, so soon as the Kaikoura purchase should be completed.

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After this the assent of the whole body of Natives was given to the Deed of Sale. Twenty principal men were named to be receivers of the money, and to execute the Deed, viz,,— PaoraTaki, Tukaha, Paora Tan, Iloani Timaru, Hakopa, Ihaia Tainui, Hone Paratene, Kaikoura (Whakatau), Pita, Henere Tawiri, * Arapata, Horomona Pohio, Te Aika, Matiu, Horomona Haukeke, Ilopa Kaukau Wiremu te Uki, Tamati Tikao, Ihaia Taihoa, Hone Pere. After their signatures or marks were attached to the Deed, £10 were counted out to each of the above named Maores for distribution. (Signed) J. W. Hamilton. In reference to the foregoing minutes, I should remark that the country ceded has been for several years past almost entirely occupied by ourselves as freehold or sheepwaik. By reserving- any new tract for the Maories, serious complications might be created, and the necessity for reference to the Land Office would delay the purchase greatly. This was my chief reason (not made known to them) for declining their proposal to accept £150 and a Reserve, which otherwise I should have at once agreed to. But, under existing circumstances, it seemed absolutely indispensable to pay a large purchase money and make no Reserve. I trust that His Excellency the Governor will see good reason to grant me the necessary warrant for payment of the additional £50. I enclose copy of the guarantee given by me, and I beg to state that I should have named o£3oo instead of £200 ; but I feared, Ist, lest, notwithstanding all that had been said, the larger sum should really influence the Maories in giving their signatures, as it were, on speculation. 2ndly lest the Kaikoura Natives should recall their offer, and raise their demands extravagantly. ( I beg to urge on His Excellency the Governor, in the strongest possible manner, the justice an d reasonableness of the first demand for £500. I venture to hope that weight will be given to my guarantee, on the following considerations. I firmly believe that the delay of six years or more in obtaining a hearing of thier case was the real reason why the Maories accepted so small a sum as £200, instead of insisting on receiving £500 ; because they grasped at what was within , their reach, fearing further delay. For, when I asked why if they denied the right of the Ngatitoa to sell the land as they pretended to do some six years apx> they had not (as is their custom) turned Europeans off, who came to occupy. They replied, the Governor had asked them not to disturb the Europeans. lam aware however, though they did not mention the facts, that Mr. Torlesse was obstructed in about 1849 when he first crossed the Ashley to survey for the Canterbury Association. And that Kaikoura was exceedingly troublesome when Messrs Ifanmer and Wortley, in 1851 or 1852, first settled near Amuri. This was done to keep up the assertion of their rights of ownership. Had I been sent to treat for their land, with power to pay any sum under £1000, I should have been glad to close inbtantly with their offer for =£500. According to the average scale of payment, before our settlement of this part of Middle Island had created anew value for their land, £150 paid at Kaikoura, <£ 200 paid at Kaiapoi, and £300 distributed afterwards, in all £650, appears to me the lowest sum for which we could have expected 6 years ago to have obtained the surrender of the country extending from Kaiapoi to Waiau-toa (the Clarence river.) About 2 years ago, one block of this land between the Waipaoa and the Ilurunui, containing 30 000 acres, was sold by the Government for £15,000, besides several other smaller pieces. Recollecting this fact, I should feel that I had made myself party to a gross fraud practised upon the Maories in agreeing now to give only £200 for their land which we have already sold at such a very different price, were it not for the following considerations. Ist. I hardly doubted that the Government could refuse to act generously ; and in the same spirit as the Maories, in the matter of the guarantee they sought for. * 2nd. Having neither the means nor the knowledge to turn the land to account, it may be considered almost useless and valueless to themselves. 3rd. It is greatly to their advantage that it should be in profitable occupation by ourselves • and that all questions about it should be closed at once. 4th. Our arrival among them has given such a value to their Reserves that they may be considered to have been handsomely compensated for the surrender of what they could not use. Not less than £40,000 now represents the value of the Kaiapoi reserve alone ; —when we first came it would barely have been valued at £500. This reserve consists of 2,640 acres, of which about 1000 acres are forest land. The timber alone is now selling to sawyers at £35 per acre, and represents a value of £35,000 ; while the land itself cannot be worth less than the Government price of £2. Much of it however has positive value of £4, £5 up to £10 per acre, if not higher. At the lowest value of £4 the land itself is worth roughly £10,000. This value given to the Kaiapoi reserve is quite as much attributable to our profitable occupation of the fine country to the North of it, which we had not purchased, as of that part of the plains we were rightfully occupying.

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sth. The sum of £500 is quite insignificant in comparison with the £15,000 or £20,000" or more, ■which part of their land has alread} been sold for, and for which they seek to obtain but £500: they might with every shew of justice and reason urge their right to receive from us the whole sum which has been paid to us for property still theirs at the time of payment. 6th. I feel fortified ia the views thus expressed by me, by the concurrent opinions of the Eevd. J. Aldred who interpreted, and Sir W. Congreve who was present at the meetings as an nc oncerned looker on. Both these gentlemen expressed themselves strongly on the justice of the demand for an additional sum of £300. To the latter gentleman lam indebted for much valuable information on the history of the Ngaitahu people, and their contests with the Te Kauparaha and the Ngatitoa. The whole of the foregoing observations are necessarily based upon the assumption that the Ngaitahu title to the country in question is thoroughly sound. I am in no position to enquire into the Ngatitoa side of the case. And, as Government have undertaken to treat for the land with Ngaitahu I must proceed on the belief that their title is recognized. Finally, I beg to remark that so strongly did I feel impressed with the justice of their case, that I was unable to argue against it at the meeting-s, with the Maories. And when they at last agreed to the terms I was able to offer, I regretted they had done so; for I felt convinced that in holding out for their demand of £500, and referring the proposal to His Excellency, it must inevitably have been acceded to. Any one advising them in their own interest, could not but have recommended such a course to them. I await with much anxiety His Excellency's decision in this matter : for, if an additional payment be not made, I shall cease to regret having been concerned in the bargain ; and I may say the same for Mr. Aldred, who interpreted. I have, &c,, (Signed) J. W. Hamilton, Agent for purchase of lands at Akaroa and Kaiapoi. P. S.—l enclose copy of Memorandum shewing the areas of the tracts referred to in this and other letters respecting the Ngaitahu lands, which the Chief Surveyor of this Province, Mr. Cass, has kindly furnished at my request. Kaiapoi, February sth, 1857. On completion of the purchase of the Kaiapoi lands as far as Waiau-ua and the Kaikoura land's from Waiau-ua as far as Pari-nui-o-whiti, I undertake to recommend the Governor to distribute a sum of Two Hundred Pounds among the Maories of Akaroa, Wairewa, Port Levy, Rapaki, Kaiapoi, and Kaikoura ; to be paid into the hands of the Chiefs, and of any claimants who may appear after completion of the purchases named. (Signed) J. W. Hamilton, Agent for Akaroa and Kaiapoi land purchase. Between the boundary line of Messrs. Mantell's and Kemp's purchases and the Waiau-ua, taking the sources of the Ashley, Hurunui and Waiau-ua as the western boundary of the block, the southern boundary being a line from Kaiapoi, old Pa, on Mount Thomas, (1,140,000 acres.) Between the Hurunui and the Waiau-au fron? the sources of these rivers. This tract is the portion of the recent purchase which lies in Nelson (480,000 acres.) Between the Waiau-ua and the Waiautoa (Clarence river), from their sources (1,000,000 acres.) Between the Waiau-toa and Awatere river, from their sources (757,760 acres). On the West coast, bounded on the North by the Mawhera, or Grey, (the boundary between the Provinces of Canterbury and Nelson) on the South by the Awaroa (the boundary between the Provinces of Canterbury and Otago) and on the East by a mountain range parallel with, and about 22 or 23 miles from the West coast ; contents about three millions of acres or about one fourth of the area of the whole Province. (Signed) T. Cass, Chief Surveyor. Land Commissioner's Office, Auckland, April 1, 1857. SlE,— With reference to ycur letter of the sth February last, recommending the payment of two hundred pounds to certain chiefs for the relinquishment of their claims to land in the Middle Island, I have much pleasure in informing you that the Government have decided to act in accordance with your suggestion, and the Sub-Treasurer at Lyttelton has been instructed to pay that sum to you, which you will be good enough to distribute among the chiefs in the manner indicated by yourself, leaving the question of a father sum of £100 to be paid or not as the Government may decide at some future time. I have the honor to be, &c, (Signed,) Donald McLean , , Chief Commissioner. J. W. Hamilton, Esq., Lyttelton.

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Land Commissioner's Office, Auckland, April 1, 1857. Sir,— In reference to your letter of the sth February last, recommending a further payment to be made to the Natives of Port Levy and adjacent districts in preference to the granting of a large reserve demanded by them, together with the sum of one hundred and fifty pounds originally proposed for extinguishing the Native title to Kaiapoi; also bringing forward strong circumstances connected with the rights of these Natives which have been hitherto overlooked, and urging their case on the favourable consideration of His Excellency the Governor. I regret my inability to acquaint you with the decision of the Government by this opportunity, but you may rely on an early and definite answer by the next vessel that sails from this port for Canterbury. I have, &c, (Signed,) Donald McLean, Chief Commissioner. J. W. Hamilton. Esq., Lyttelton. [mkmoeandum.] March 30th, 1857. Referring to Mr. Hamilton's report of the sth ult. it appears that he has extinguished the claims of the Port Levy, Rapaki, and Kaiapoi tribes over an area of 1,140,000 acres of land in the Canterbury and Nelson Provinces for a consideration of £200. The Natives demanded a sum of £500, or of £150 and certain large reserves ; Mr. Hamilton did not accede to the proposal of making large reserves, inasmuch as the land demanded by the Natives was of great value; and he proposed, at the request of the Natives, to submit their claim to the favourable consideration of His Excellency the Governor, for a further payment of £300 to which he considers them justly entitled ; and strongly urges and requests that at least £200, should be paid to them. Mr. Hamilton and the Natives concerned, rely on His Excellency's generous consideration of this case, and I can see no other alternative but that of paying the £200 recommended by Mr Hamilton in addition to the £200 already paid, leaving the question of the further sum of £100 open for future consideration, to be invested, (if approved by the Government) in something for the permanent benefit of these Natives ; to whom it must be conceded that great injustice has been done from the fact that their claims were not earlier enquired into and recognized. I submit, therefore, that an authority should be sent to Mr. Hamilton for the payment by h'm of £50 in excess of the £150 already authorised for this service ; and that he should have a further authority to pay the Natives a sum of £200 in consequence of their relinquishment of all their claims, including the large reserve which they demanded, and which it would be most inconvenient to grant, from the various European interests it would involve. (Signed). Donald McLean. Chief Commissioner's Office, Auckland, March 31, 1857. Sir, — I have the honor to acknowledge the receipt of your letter of the Bth January last, respecting the unsettled claims of Wakatau and his tribe to lands between the White Bluff and the Waianua. I feel exceedingly obliged for the trouble you have taken in enquiring so fully into the merits of this claim, which from the statement of Wakatau, who I am informed is a very upright and trustworthy Chief, deserve most careful consideration on the part of the Government. ) The New Munster records are now being searched with the view of having copies of all documents connected with the purchases at the Middle Island examined, and ascertain ino-the merits v of the claims referred to, and in order that copies may be forwarded as records to your office at Canterbury if you will kindly take charge of them. My absence at the Northern Settlements has prevented earlier attention to this subject. I have recommended in my report on the final settlement of the Nelson land question, that a sum of £100 should be set apart for the remnant tribe residing at Arahena, together with sufficient reserves for their present and future requirements. Admitting that they are entitled to £50 more, and tne Kiakoura Natives to £150, this would only leave £300 to be provided for the final extinction of the claims of the aboriginal tribes to the Provinces of Canterbury and Nelson ; a sum which I feel satisfied the Government would not hesitate, on its being fully ascertained that the rights of the Kaikoura tribe are clearly established, in addition to making such reservations for them as may be found requisite. The Government is placed at great disadvantage in not having an officer stationed at the Middle Island, who should be entrusted with the sifting of such information as would lead to a thorough knowledge of cases like those now adverted to by you; consequently it has been inadvertently led to overlook claims that required greater consideration. I trust, however, that this may now be rectified, and that in the course of next summer, which will be the best season of the year for collecting the Natives and marking off th?ir Reserves, that a final adjustment of these out-

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standing questions may be effected, in order that the Government may not be reproached with over ■ looking the rights of the aboriginal proprietors of the districts referred to, I shall, however, not fail to bring the subject of your letter under the consideration of his Excellency's Government. I have, &c. (Signed) Donald M'Lean, Chief- Commissioner. J. W. Hamilton, Esq., &c, &c, &c. Land Commissioner's Office, Auckland, March 31st, 1857. Sic, — I beg to acknowledge the receipt of your letter of the 16th of January last, and have the honor to inform you that in accordance with your suggestions, instructions have been issued to have copies made of all the documents connected with the purchase of land in the Canterbury Province which will be transmitted through you to the Commissioner of Crown Lands, Canterbury, for record in that office and for more immediate reference should occasion require. The promise made to the Natives by Mr. Mantell of having the Kaiapoi old " Pa" tinted red, and marked ofF as a reserve on the Maps of the Canterbury settlement, shall be fully carried out, and a copy of the place given to the Natives. Your suggestion relative to the sending of a competent and efficient officer amongst the Natives of Canterbury, I consider to be a very good one ; the subject is now under the consideration of the Government, and so soon as I am in possession of their decision on the matter I shall inform you of what steps will be taken to eifect an object of so much importance to the Natives of the Middle Island generally. I have, &c., J. W. Hamilton, Esq., (Signed) Donald McLean, &c, &c, &c. Chief Commissioner. Lyttelton, February 19, 1857. Sic,— I have the honor to enclose vouchers for the sums expended by me in negotiating the recent land purchases at Akaroa and Kaiapoi, and for which I hope to receive His Excellency's sanction and authorisation in ordinary form. The Akaroa purchase comprises roughly 45,000 acres, and the Kaiapoi purchase 1,140,000. The £55 advanced on imprest by the Provincial Government I have appropriated with the utmost attention to economy. In proof whereof I may state, that, whereas, according to the Chief Surveyor at Canterbury, a 400 acre section at Banks' Peninsula usually costs from £30 to £40 to survey and lay out with the ordinary survey staff; the three 400 acre reserves at Onuku, Wainui, and Wairewa, have cost but £26 12s. By the plan I adopted, and acting upon my knowledge of surveying, a saving of about £64, out of £90, or more, has been effected ; and my whole expenses, including some £8 for flour and sugar given to Natives according to custom, amount only to £54 10s. sd. : viz, at Akaroa £44 12s. 6d. ; at Kaiapoi £9 17s. lid. I estimate as follows the cost of the two purchases, if undertaken by an officer of the Native Land Department despatched from Auckland :— £ s. d. Commissioner's salary at £300 per annum, 2 months ... ... 50 0 0 14 days on passage from Auckland }' 14 " " to Auckland I ok n n > ... ... ... ... Ze> U U 1 month J £75 0 0 Passage from and to Auckland (£l2 10s.) ... ... ... 25 0 0 Contingencies at two intermediate Ports : viz., 4 to 6 days on shore at Hotels, Boat hire, &c. ... ... ... ... ... 5 0 0 Passages to Akaroa and back ; Boat hire ; conveyance of 401bs. money in silver; expenses at iUtaroa £12 to £15, say ... ... ... 12 0 0 Fare of horse to Kaiapoi; ferries; conveyance of 401bs. silver ... ... 5 0 0 Customary presents, flour and sugar .. ... ... ... 800 £130 0 0 Survey of three 400 acre reserves at usual charge, £30 to £40, each say ... 90 0 0 £220 0 0 Add, if Commissioner detained three months instead of two ... ... 220 0 0 Salary, one month ... ... ... ... ... ... 25 0 0 £245 0 0 —The total saving effected is from £165 to £195.

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I should observe as to the time the Commissioner would be here, the Natives would not have gathered in one place ; they would have required two places of meeting, for I had great difficulty in persuading even a few of the Chiefs to accompany me to Akaroa. This purchase occupied nearly three weeks on account of surveys. A stranger unacquainted with the localities would have required a month. Mr. Davie and myself on several days, were up at 5 and 6a. m., and working till after sundown, about Bp. m. Againj it would not have been just to attempt to treat for the land, except at the residences of the main body of the Native owners, or at a very long notice. The Kaiapoi purchase required the principal part of a week, including journies. I conceive, therefore, that in the period of one month, i. c., between two trips of the Zingari, nothing could have been completed. Indeed, considering the extent of the country beyond Kaiapoi to become acquainted with, a stranger could hardly have left in less than three months, especially if desiring to ascertain from the Kaikoura Natives, 80 or 90 miles distant what their claims might be. When asking me to undertake these negotiations for land, His Excellency's Private Secretary (by letter dated 16th August, 1856.) stated that I should receive a compensation, to be left to the decision of the Honourable the Colonial Secretary. I shall feel obliged by your taking the steps necessary to procure a decision on this point. My absence from home, and the loss of my private time for more than a month, have subjected me to several small expenses. These, and others incidental to travelling and living at hotels, which could not be shewn in account, I should be glad to have covered. The inconvenience and loss caused in my private affairs will not be covered by £10 or £12 this year. Government has not been charged with horse hire in my Kaiapoi bill; for five days at £1, the usual charge, this would have been £5, had I not used my own horse. There was a day's detention after the deed of sale was signed, caused by bad weather. The whole business has added to my office work, by throwing it greatly in arrear, and has altogether caused me no inconsiderable trouble : for the perpetual interruption caused by Maories coming to see me from the time I was first commissioned to treat with them, has amounted to positive persecution, both during and after office hours. So mach so, that this alone was quite sufficient to incite me to as speedy a settlement of their affair as my official duties would allow. I have, &c, I J. W. Hamilton.. Agent for purchase of Native Lands at Akaroa and Kaiapoi. D. McLean, Esq., J. P., Chief Commissioner, N. L. P. D, P. S.—Will you be kind enough to return the enclosed accounts approved, with necessary directions as to my passing them through the Auditor General's hands. No answer has reached touching my application to you for authority to disburse £150 on the Akaroa or Kaiapoi purchase. Colonial Treasury, Auckland, April Ist, 1857. Sir,— I have the honor, by direction of the Colonial Treasurer, to request that you will advance to J. W. Hamilton, Esq., Government Agent for the purchase of Native Lands in the Province of Canterbury, (£200), the sum of Two Hundred Founds, to be paid by him to certain Chiefs, on account of their claims to land in the Middle Island. I have, &c, (Signed) W. Gisboene, yUnder- Secretary. The Sub-Treasurer, &c, &c, &c, Lyttelton. Colonial Treasury, Auckland, April Ist, 1857. Sir, — I have the honor, by direction of the Colonial Treasurer, to request you will pay J. W. Hamilton, Esq., Government Agent for the purchase of land in the Canterbury Province, the sum of fifty pounds (£5O), as compensation for his services up to the present time, while engaged on that duty. I have, &c, (Signed) W. Gisborne. Under- SecretaryThe Sub-Treasurer, &c, &c, &c, Lyttelton, V

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Superintendent's Office, Canterbury, March 2, 1857. SIR,I have the honor to state that I have advanced the sum of £205 to Mr. Hamilton, as Commissioner for the purchase of Native Lands. Two purchases have been completed,—in both cases of land which had been previously purchased by the Crown. It appears now to be decided that the payments made on former occasions were made to the wrong natives ; or, at all events, to natives who had not the sole and indisputable title to the land. Hence it is manifest that in both these cases the purchase is in completion of former purchases by the Crown, and are therefore liable to be borne upon the loan for Native Land Purchases. Besides this, more than a-half of the land included in one of these Blocks is in the Province of Nelson, and therefore ought not to be paid for out of funds of this Province. For these reasons, I beg his Excellency's Government will be so good as to order the refund of the sum of Two Hundred and Five Pounds to the Provincial Chest. I have, &c,, (Signed) James Edward Fitzgerald. The Honorable the Colonial Secretary, &c, &c, &c. Colonial Treasury, Auckland, May 21, 1857. Sir,— In reply to your Honor's letter of the 2nd March last, No. 40, addressed to the Colonial Secretary stating that you had advanced the sum of Two Hundred and Five Pounds (£205) to Mr. Hamilton, as Commissioner for the purchase of certain Native Lands, I have the honor to inform you that the Sub-Treasurer at Lyttelton has been authorised, upon the presentation of the proper vouchers, to refund that amount to your Honor. I have, &c, (Signed) C. W. Bichmond. His Honor the Superintendent, Conterbury. Colonial Treasury, Auckland, May 21, 1857. Sir,— The Superintendent of Canterbury having reported that he had advanced the sum of Two Hundred and Five Pounds (£205) to Mr. Hamilton, as Commissioner for the purchase of certain Native Lands, I am directed by the Colonial Treasurer to authorise you, upon the presentation of the proper vouchers, to refund that amount to his Honor, and to charge it against the loan of £100,000 for Native Land Purchases. I have, &c, (Signed) W. Gisborne, The Sub-Treasurer, Under-Secretary. Canterbury. Lyttelton, February 27, 1857. Sir,— Eeferring to my letter dated Akaroa, December 11, 1856, I have now the honor to enclose the Deed of Conveyance to the Crown, (dated 1 lth Dec, '56,) by Maoriee of Akaroa, of their remaining lands, together with tracings of the maps of their three reserves. I have, &c, (Signed) J. W. Hamilton, D. McLean, Esq., Agent for the purchase. &c, &c, &c. P.S.—I shall send authenticated copies of Akaroa and Kaiapoi Deeds to the Provincial Government for record. Land Commissioner's Office, March 30th, 1857. Sir,— I have the honor to acknowledge the receipt of your letter of the 27th ult., enclosing the Deed of Conveyance to the Crown by the Maories of Akaroa of their remaining lands, together with tracings of the maps of their three reserves. I am glad that you have taken the precaution of sending authenticated copies of the Akaroa and Kaiapoi Deeds to the Provincial Government, for record ; as it may be the means of preventing further differences or misunderstanding with the Natives. I have, &c, (Signed) Donald McLean. J. W. Hamilton, Esq., Chief Commissioner. Lyttelton.

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Lyttelton, March 2, 1857. Sir,— I have the honor to enclose a letter just received from Arahena, on the West Coast, and one from Waipapa, near Kaikoura. I have no time to make myself master of their contents or to copy them. They seem, however, to contain the names of the Maori residents at Arahena, and of places near Kaikoura, and names of the residents there. The information will be valuable, perhaps, in this Province, especially that contained in the Arahena letter. > I would, therefore, beg you to be kind enough to send me copies and translations. I have, &c, (Signed) J. W .Hamilton. Donald M'Lean, Esq., Native Secretary. Land Commissioner's Office, Auckland, April 1, U57. Sib,— I have the honor to acknowledge your letter of the 2nd ult., enclosing one from a native at Kaikoura and another from Arahura. Herewith I enclose for your information a copy and translation of each of the letters above referred to. I have, &c, (Signed) Donald M'Lean, Chief Commissioner. J. W. Hamilton, Esq., Lyttelton. . { Lyttelton, Canterbury, June Bth, 1857. Sib,— May I request you to be good enough to ascertain whether the approval of Government has been given to the vouchers enclosed in my letter to you of 19th February last, and to cause the vouchers to be returned to me so that I may account to the Sub-Treasurer here for the advances made to me. I may be permitted also to observe that I have not received the approval of Government to the expenditure of the additional £50 advanced on my own responsibility in addition to the £150 authorised to be paid to the Kaiapoi Natives. This approval seems to be inferentially given, if I understand your letter of April Ist rightly, viz. ; that I am to distribute an additional £200 (besides the £200 already paid) to the Kaiapoi Natives. As a matter of dry accounts however, I should be glad to receive specific authority, the more so as acting in the double capacity of Sub -Treasurer paying out, and of Land purchase Agent receiving charge of public money, the strict rules of a public audit might require a refusal of my vouchers as insufficiently supported by the authority from Government. I have, &c, (Signed) J. W. Hamilton, Agrent for the Native land purchase at Akaroa & Kaiapoi. Donald McLean, Esq., J. P., Chief Commissioner, Native Land Purchase Department. Auckland Land Purchase Office, Auckland, July 14th, 1857. Sik, — I have the honor to inform you that your letter of the Bth June has been duly received at this office ; but in consequence of the absence of Mr. McLean your request has not been able to be attended to ; but if you would be good enough to forward to this office fresh vouchers, such as you wish to be approved, they shall be laid before the Ministers for approval, and duly forwarded to you at Canterbury. I have the honor also to inform you that two letters dated April Ist, 1857, have been forwarded to you from the Colonial Treasurer viz.,"57,429, 235—236 of which I enclose copies. I have, &c, (Signed) Thos. Godfrey. J. W. Hamilton, Esq., Lyttelton, i

C—No. 3.

Colonial Treasury, Auckland, July 20th, 1857. Witt reference to my letter of the Ist April last, No. 236, sactioning your advancing to J. W. Hamilton, Esq., a sum of Two Hundred pounds to purchase certain lands in the Middle Island, I am directed by the Colonial Treasurer to inform you that through inadvertence it was omitted to convey to you an authority for paying that gentleman a further sum of Ffty pounds for the same purpose which he had agreed to add to the sum of One hundred and fifty pounds originally placed at his disposal. The authorised expenditure for the purchase of these lands will therefore stand thus : — Originalsum ... ... ... ... ••• £150 Amount authorised April ]st ... ... ... 200 Additional sum now authorised ... ... ... 50 £400 I also enclose to you for payment certain accounts of expenses in connection with these purchases? amounting to Forty-four pounds twelve shillings and sixpence, and Nine pounds seventeen shillings and eleven pence respectively. I have, &c, (Sigued) W. Gisbohhe, Under Secretary. The Sub-Treasurer Canterbury.

Lyttelton, August 6th, 1857. g IK Referring to my letter of January Bth and February sth, 1857, so far as they treat of the lands in this and the neighbouring Province of Nelson yetunpurchased from the legitimate owners residing at Kaikoura on the East, and at Arahura on the West Coast; I conceive it my duty as connected with the recent purchases at Akaroa and Kaiapoi to urge upon your notice the necessity for making early arrangements for sending a competent Maori Scholar to Kaikoura and Arahura to obtain the surrender of the remaining Native Lands in this Island. The recent Gold discoveries at Nelson are so likely to raise the value of their land in the eyes of the Maories to the most extravagant pitch, that I fear any delay in accepting their proposals to treat may end in totally preventing the acquisition of the lands sought for by us. I have, &c, (Signed) J. W. Hamilton, Late Agent for purchasing lands at Kaiapoi. Donald McLean, Esq., Chief Commissioner, Native Land Purchase Department, Auckland. p, g. From Christchurch to Arahura the journey is 10 days—from Arahura back is 14 dayg. The difference is owing to the time required in poling up rivers. In 1850, the Arahura people came to Kaiapoi with their women and children in 14 days the journey can hardly be a very difficult one. From Nelson to Arahura would probably require six weeks. The road is very dangerous. Auckland, March 31st, 1857. * * * * The Government is placed at great disadvantage in not having an officer stationed at the Middle Island, who should be entrusted with the sifting of such information as would lead to a thorough knowledge of cases like these now adverted to by you. Consequently it has been inadvertently led to overlook claims that required greater consideration. I trust, however, that this may be rectified, and that in the course of next summer, which will be the best season of the year for collecting the Natives, and marking off their reserves, that a final adjustment of these outstanding questions may be effected, in order that the Government may not be reproached with overlooking the rights of the aboriginal proprietors of the districts referred to. I shall, therefore, not fail to keep the subject of your letter under the consideration of Hie Excellency's Government. I have, &c, (Signed) Donald McLean, ; j Extract of a letter to | I J. W. Hamilton, Esq. J Chief Commissioner. Kaiapoi, October 7, 1857. Friend the Governor, — Salutations to you; great is our love for you. Sir, ours is a word to you respecting a road to Kakahuera and to Poamoko, and on to Kawari is the boundary to the Natives, all has been taken for a road for Europeans ; the Natives have been there and seen that such is the fact, and on the sth of October we went to see the portion set apart for the Natives.

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This is our word to you 0 Governor Browne, that you may return it (the land,) to us Natives, as it has been given by Matara (Mr. Mantell,) to the Natives. From all the people of Kaiapoi, (Signed,) llakapa, Peta te Hori, " Apekahama, Te Aika. His Excellency the Governor, t Auckland. H A X A P A. The names mentioned by the Natives do not appear in the reserves named by Mr. Mantell in the Murihiku deed, and if the letter be literally translated the allusion stands thus :—" We have something to say to say to you respecting the road to Kakahuera, to Poamoko, and to Kawari, upon, over, or through, the boundaries of lands reserved for the Maories." The reserves set apart by Mr. Mantell and surveyed by Mr. Kettle are—l. Tuturau. 2. Omani. 3. One. 4. Aharirua. 5. Oraka. 6, Kaioaputaputa. 7. Onetota. A road clause has been inserted in the Deed of Sale, thus :—" And if His Excellency the Governor sees fit that a road shall hereafter be made in the lands now reserved for us, we agree to give up a portion of the land free of any expense, that the road which he may wish to lay out may be properly or rightly done." Chief Land Purchase Commissioner's Office, Auckland, October 5, 1857. Sir, — I feel much obliged for your having brought under notice the necessity of sending an officer to Port Cooper to settle with the Natives for their claims to Arahura and Kaiapoi; and lam directed by f His Excellency the Governor to inform you that your suggestions on the subject will be acted upon by having an officer of this department detached to your Province at an early date. His Excellency hopes that the total sum for extinguishing the Native title to Kaiapoi and Arahura will not exceed three hundred pounds. I have, &c, (Signed,) Donald McLean, Chief Commissioner. J. W. Hamilton, Esq., Lyttelton, Canterbury. Chief Land Purchase Commissioner's Office, Auckland, October 22, 1857. Sib,— I have much pleasure in conveying to you, by direction of His Excellency the Governor, the thanks of the Government for your attention in furnishing an authenticated Map of the Native Eeserve at Onuku, Wainui, and Wairewa, and also a copy of the deed of purchase to the chief and resident Natives of each of those places. The thanks of the Government will also be conveyed to the Chief Surveyor for his kindness in preparing the Map of their reserves referred to by you. I have, &c, (Signed,) Donald McLean, Chief Commissioner. J. W. Hamilton, Esq., * Lyttelton. Lyttelton, November 16, 1857. Sra,— Referring to my report of proceedings at Kaiapoi on the sth February, 1857, in effecting the purchase of Native Lands from Kaiapoi to the Waiauua, and to my other communications addressed to you on the subject of unextinguished Native Land claims in this Island. I have the honor to report for the information of Government as follows :— 1. Having called the Maories together for Thursday, 12th instant, as the most convenient day for Mr. Aldred to lend me his assistance in interpreting, I proceeded to Kaiapoi on the Wednesday afternoon, 4th November ; (£200) two hundred pounds in silver had been sent up on the Monday in charge of a policeman, and by him delivered over to the care of the Sub-Inspector, William Revell, Es^. 2. On the 12th, very heavy freshes, caused by thirty six hours North West hot wind, rendered the river Courtenay (Waimakariri,) impassable ; it was expected to continue so for another day. At eleven o'clock, I received a message from Mr. Aldred saying he could not cross and had returned to Christchurch, and would come when sent for. 3. I thought it very undesirable to delay the distribution of the money, the Natives having all assembled, and that as there were no negotiations to enter upon, my slight knowledge of Maori would suffice for the business of the day.

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4. The chiefs sent to say they wished the money to be paid in sums of £5 to 40 recipients ; this, I assented to, leaving them to agree to the names. 5. A sharp storm came on lasting for four hours, which fortunately gave time for the usual amount of excitement and wrangling to be gone through by the Maories among themselves. When it cleared up, I assembled them, and found they had been unable to agree as to the names. 6. It was then proposed that £50 should be set apart for Rapaki, £50 for Port Levy, and £ 100 for Kaiapoi, to be received in each case by two of the chiefs, and by them distributed on the spot. This proposal gave general satisfaction, as they had become weary of arguing. 7. By 6 o'clock my receipt was signed, and the money all paid away. 8. Much anxiety was evinced and many close interrogatories were put to me concerning the place of distribution of the last £100. There seemed to be alarm lest it should be paid at Kaikoura. Further questions were put as to the settlement of the Arahura (West Coast,) and Kaikoura claims. Mr. Aldred being absent, and a promise having been given that an officer of your department should be sent here this season, I did not find it convenient to appear to understand much of what was said to me. I beg, however, to reiterate the expression of my opinion that the circumstances of the discovery of a road to the West Coast, and the strong indications along it of a gold region, more than ever loudly call for the presence of a duly qualified officer to attend to Maori interests. 9. I respectfully beg to press upon your attention that the 600 or 700 Maories residing in this Province are possessed of considerable property in cultivated land and stock. That they are industrious, and no doubt contribute a very fair share towards the general prosperity and towards the public revenues. 1 might instance their energy towards the production of a valuable but long neglected article of export, whale-bone and oil, of which they have this year sold £2,000 worth. Their fishing station at Ikuraki they have fitted out on their own responsibility with the assistance of the late owner. It is confidently stated, that next season this station will produce 100 tons of oil, worth (at £40,) £4,000. The bone, in the proportion of 1 cwt for each ton of oil, would weigh 5 tons, worth here £700 at £150 per ton in this market, at home it is worth £300 now. 10. Since the foundation of the Canterbury settlement, I think it may be stated that they have been completely overlooked by the Government, and that no single act has been performed in their interest which has not originated in the first instance in consideration of our own. As a distinct and separate race, speaking a language foreign to that of the Courts of Law and the governing race, justice can barely be said to be within their reach for want of competent Interpreters. They have no official person to whom they can have recourse in cases of difficulty, and to help in placing them on an equal footing with their European fellow subjects where the prosecution of individual interests require communications with Government offices, especially the Land Office. The Land Regulations are a sealed book to them, being in a foreign language. They enjoy no advantages from the public schools supported by Government aid; they have no teachers ; they have no Missionary. Though numbering about one-seventh of the whole population, their interests are in no way represented in the local legislation, or specially provided for by the Local Executive. 11. I do sincerely trust that you will be able to move the General Government to take their case into consideration, and have some competent person sent among them to enquire and report upon their position with a view to its amelioration. The Maori language is hardly, if at all, spoken by any single settler in the Province, and it is only with the General Government that the power to act in this case really rests. Although possessing a slight knowledge of the Maori language, and of the habits and feelings of the Maori race, I have never here, as a Magistrate, been able, for want of an Interpreter, to dispose effectively in their behalf, except on one occasion, when Mr. Commissioner Johnson sat on the Bench with me. 12. I might enlarge very much more fully on this subject, but that I feel convinced it is only necessary to bring it under the notice of the General Government to ensure its receiving the attention which justice to the Queen's subjects of whatsoever race or class demands ; and I think they will be prepared to allow that it will be a disgrace to the British name if the Maories are left any longer unprovided for specially by Government, and are not made, in the fullest degree, participators in all the advantages and benefits of established law and order which, in this Province at least, there never can be difficulty in enforcing everywhere. I trust I may be pardoned the frankness of my expressions, and for any remark that may appear to pass the bounds of proper courtesy and respect for the authorities of the colony^ And have, &c, (Signed,) J. W. Hamilton, Acting for Native Land Department. Donald McLean, Esq., &c, &c., Chief Commissioner Native ■ > Land Purchase Department. [Memorandum.] Decembor 14th, 1857. Recommended, —That an Officer should be appointed to proceed without delay to the Middle Island to enqnire into and report upon the state of the Native Population, in the Provinces of Nelson, Canterbury and Otakou ; with a view to the adoption of some measures for the permament amelioration and improvement of the aborigines of that Island.

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The first duty ot this Officer should be to enquire into the state of the Natives at the Nelson Gold diggings ; where I submit that an Officer should be stationed to arrange cases of dispute that may arise between the rarious Natives resorting to the diggings, and the Europeans, A young gentleman, Mr, J. Mackay, residing at Nelson, who has a good knowledge of Maori, would be eligible for such an appointment, at a salary probably not exceeding One hundred and fifty pounds a year. The next duty which should be assigned to the Officer who visits the Middle Island, should be to settle the boundaries of a reserve for the Natives at Arahura ; and to extinguish the whole of their claims ' to that portion of the Island ; also to have the Kaiapoi reserves finally settled, and the payment of One hundred and fifty pounds made to the Natives, in extinction of their general title. These questions being settled, he should proceed to Otakou, to ascertain and report upon the state of the Natives of that Province ; the reserves they possess ; and whether they would wish to subdivide them, and obtain individual Crown Grants for portions of them : if so, to suggest the best and most expeditious mode of carrying this into effect. The Revd. Mr, Turton, from his good knowledge of Maori and general ability, would be well qualified for this service ; if he could be induced to undertake it at the rate of Three hundred pounds a-year. (Signed) Donald McLean, Native Secretary. Native Secretary's Office, Auckland, Dec. 14th, 1857. Chief Land Purchase Commissioner's Office. Auckland, January 27, 1858. Sib, — I have the honor to acknowledge the receipt of your letter of the 16th of November last, reportingthat you had paid to the Natives of Rapaki, Port Levy, and Kaiapoi, the sum of Two Hundred Pounds on account of their claims to land in the Middle Island. f I have the honor to be, &c, J. W. Hamilton, Esq., For the Chief Commissioner, Lyttelton, John Rogan, D.C. Canterbury. Lyttelton, February 17, 1858. SlK,— Referring to my letter of 16th November, I have the honor now to forward receipt of the Kaiapoi Maories for the second payment of £200 made to them on the 12th November, 1857. I have also the honor to enclose a complete statement of all expenditure on account of the Akaroa and Kaiapoi Land Purchases during the time of my employment on these services, viz., from 4th December, 1856, to 15th February, 1858, when I repaid into the Treasury Chest the balance (nine shillings and seven pence) of unexpended Imprest monies advanced to me, accounting duly at the same time for all disbursements whether of sums advanced from the Provincial or those advanced from the General Chests. There remains now but the question whether the further sum of £100 expected from the Government on account of the Kaiapoi purchase shall be paid at the time of settling Kaikoura's (Whakatau's) claim. Since this purchase was effected there have been discovered some 60,000 acres at least of available pastoral and agricultural country about the sources of the Hurunui, and an equal or larger quantity of , available pastoral country about the sources of the Ashley ; all which land is now in occupation. Recent exploration across to Arahura and along the Coast southwards for 90 miles, has not led to ( the discovery of much or valuable land to the westward of the Watershed ofthis part of Middle Island nor to the belief that any quantity of such land will eventually be found there. My letter of 15th February shews an estimate of £245 as the cost of effecting the Akaroa and Kaiapoi purchase, through a Commissioner sent from the North Island, up to completing the first payment. The whole cost, including the second payment and a gratuity to myself of £50, has actually amounted to £125 13s. lid., shewing a saving of £120, which would be increased to £220 or more if, taking into account a second payment by a Commissioner, or the time he would have "been delayed here waiting to receive instructions as to the paying at once the whole sum of £500 demanded by the Maories. I beg to remind you of your promise that copies of the original Deeds of Sale executed by the Maories. shewing how we derive our title as against themselves to the various portions of this Province, should be transmitted for record here; and that it has not, so far as I am aware been fulfilled. I have, &c, The Chief Commissioner, (Signed) J. W. Hamilton, &c.j &c, &c, Late Agent for Kaiapoi and Akaroa Purchase. Native Land Purchase Department, Auckland. P.S.—-Other duties to attend to have prevented my sending you in this statement of accounts sooner.

45

C—No, 3

[Memorandum] In extinguishing- the Native Title to the Middle Island, the claims of the Akaroa Natives to a portion of their district had not been finally settled by Mr. Mantell, who recommended that a payment of one hundred and fifty pounds should be made to the Natives, and certain reserves laid off for them. This case was however overlooked until Governor Browne visited Canterbury in 1856, when the Natives urged their claim upon His Excellency's notice, An officer of the Land Purchase Department was instructed to proceed to Canterbury to investigate the claim; and after a careful inquiry it was found that the Natives of Akaroa were fairly entitled to three reserves of four hundred acres each, at Onuku, Wairewa, and Wainui, and to a money compensation of one hundred and fifty pounds, which sum was paid to them by Mr. Hamilton on the 10th December, 5856. Mr. Hamilton was requested on the 16th of August, 1856, to undertake the settlement of these outstanding questions, and full instructions were issued to him for this purpose. The Akaroa claims being adjusted, the next question of importance was a settlement with the Kaiapoi Natives for their unextinguished claims over upwards of a million of acres claimed by them in the Canterbury and Nelson Provinces. The Ngatitoa tribe who had made a partial conquest of the country as far South as Kaiapoi, had sold the land to the Government; but the Aboriginal Natives occupying the land protested against the sale, and it was found by Mr. Hamilton, who thoroughly investigated the case, that they had a fair and legitimate right to be compensated to the extent of five hundred pounds; four hundred pounds of •which have been paid, and the remaining sum of one hundred pounds is authorised. This payment extends over a tract of country as far North as the Waiauua in the Nelson Province; and the Deed of Cession is now in this Office. There are still two outstanding claims in the Nelson Province. One on the East side of the Island from Waiauua to the White Cliffs, including the Kaikoura district, where a reserve is required by the Natives. The amount of money requisite for settling this claim will probably be one hundred and fifty pounds. A similar amount of one hundred and fifty pounds, with a reserve of 400 or 500 acres, will be necessary to settle with the Arahura Natives on the West Coast of the Nelson Province, The amount of disbursements made by Mr. Hamilton is furnished herewith. (Signed) Donald McLean. Chief Land Purchase Commissioner's Office, Auckland, June 22, 1858. A Statement of all Expenditure on Account of the Akaroa and Kaiapoi Land Purchaseb between 4th December 1856, and 15th February, 1858.

Disbursements by Mr. Hamilton, Agent for the Land Department as per his Account rendered to Sub-Treasurer (15th February of Imprest monies advanced.)

1856 December 11th Purchase Monies paid. Akaroa Lands - - - - - £ s. d. £ 150 s. d. 0 0 1S57 February oth Kaiapoi 1st payment -•-''.---- " 2nd payment -'--.-" 200 0 0 200 0 0 400 0 0 1856 Dec, 8th to 24th i ! Sundry Disbursements, As per approved account .--■-.- 44 12 G t 1857 Feb.2ndtol2th i ■ As per approved account - - - - - 9 17 11 i 54 10 5 1857 April 20th Disbursements by the Colonial Sub-Ttemurer exclusive of his advance to Mr, Hamilton (accountedfor) . Payment to Mr. Hamilton for effecting the purchases at Akaroa and Kaiapoi - Payments for presents to Revd., John Aldred in acknowledgment of his services as Interpreter (Mr. Aldred having refused remuneration)- - - Scotts , Bible and Commentaries 6 vols - Pocket Map of Canterbury Province - i — 4 SO 0 0 15 0 604 10 5* 50 I 0 0 May 6th 5 i 5 0 Carried forward - - -j £659 15 5 * The Cross Entry of £150 advanced from the Provincial Chest, and repaid thereto, is excluded from this statement-

46

Statement of Expenditure, &C.— continued.

(Signed) J. W. Hamilton, Sub-Treasurer and Agent for the Purchases. Lyttelton, February 15th, 1858.

* Includes 13s. arrear of 1856, paid 4th December, 1857.

Brought forward ... £ s. d.l j £ 8. d. 659 15 5' December 4th Paid for food by way of present to Maories at Kaiapoi (second payment Nov. 12) — lOUlbs Flour 561bs Sugar - - - - - 1 1 6 8 0 0 » 2 1* 0 Paid for Board and Lodging of Constable Hayman 9th to luth November - - - - " " Mr. Hamilton 11 th and 12th - " Stabling for horse night and two half days - 0 8 0 11 0 S 0 0 6 1 7 6' " Fare of Constable Hayman to Kaiapoi 8s. 6d. " Ferries - - - - - Is. 3d. " " Baek " Carriage of 501bs weight Silver - 0 0 0 9 9 4 9 9 6 " For Revd. J. Aldred's passage from Pigeon Bay back to Lyttelton— December 12th, 1856, arrears Meal at Knowle's - - - - 1 4 0 0 10 0 3 0 0 0 13 0 I " For presents to chiefs who aided in completing Akaroa purchases -_---- 10 0 0 £675 13 11 Summaky cj . Expenditure, Purchase Monies. Akaroa ------ Kaiapoi ------ 150 400 0 0 o 0 Charges. Akaroa— Cost of Survey of Reserves - Travelling Expenses* - - - - Flour and Sugar to Maories Present to Chiefs - ■■■ - 16 £0 23 12 6 5 10 0 10 0 0 550 0 0 55 5 6 Kaiapoi. Travelling Expenses - - - - Flour and Sugar - - - - m 10 11 6 4 11 11 15 3 5 ! Present to Mr. Aldred - Remuneration to Mr. Hamilton - 5 50 5 0 0 0 55 5 0 £675 13 II

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C—No. 8

Treasury, Auckland, February 4, 1858. Sir,— I have the honor, by the direction of the Colonial Treasurer, to inform you that His Excellency the Governor has been pleased to appoint you an Assistant Native Secretary at the Nelson Gold Fields, with a salary of one hundred pounds (£100) per annum. This office cannot at present be considered as of a permanent character, but its continuance and remuneration will be dependent on the progress of the Gold Fields, and on the influx of Natives thither. Your duty will be to enquire into the state of the Natives at the Nelson Gold Diggings, and report fully on that subject; to visit them frequently, and to arrange as far as possible all cases of dispute that may arise between the various Natives there, and between them and the Europeans. You will keep a monthly Journal of your proceedings, and transmit it regularly to the Native Secretary ; to whom you will address all letters, and from whom you will receive any further instructions that may be necessary. You will enter on the duties of your office, and your salary will commence, immediately upon your receipt of this communication. Your salary will be paid by Mr. Poynter, the Sub-Treasurer at Nelson, to whom you are requested to intimate the date of such receipt. I have, &c, (Signed) W. Gisborne, Under--Secretary, J. Mackay, Esq., Nelson,

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https://paperspast.natlib.govt.nz/parliamentary/AJHR1858-I.2.1.4.3

Bibliographic details

REPORTS RELATIVE TO LAND PURCHASES AND THE CONDITION OF THE NATIVES IN THE MIDDLE ISLAND., Appendix to the Journals of the House of Representatives, 1858 Session I, C-03

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REPORTS RELATIVE TO LAND PURCHASES AND THE CONDITION OF THE NATIVES IN THE MIDDLE ISLAND. Appendix to the Journals of the House of Representatives, 1858 Session I, C-03

REPORTS RELATIVE TO LAND PURCHASES AND THE CONDITION OF THE NATIVES IN THE MIDDLE ISLAND. Appendix to the Journals of the House of Representatives, 1858 Session I, C-03