FURTHER PAPERS RELATIVE TO CONFISCATED LANDS.

Appendix to the Journals of the House of Representatives, 1873 Session I, C-04b

C—4b.

1873. NEW ZEALAND.

FURTHER PAPERS RELATIVE TO CONFISCATED LANDS.

Presented to both Houses of the General Assembly by command of His Excellency.

Copy of a letter from Lieut.-Colonel St. John to the Hon. the Native Minister. Sir,— Wellington, August 12th, 1873. In accordance with instructions received from you I have the honor to forward a general report upon confiscated lands. The report has been compiled from records both published and unpublished, and from what my own personal knowledge of the various districts has enabled me to learn. Where no actual surveys have been made, the estimated quantity of land has beeii arrived at by scaleiug j in these cases, therefore, the acreage given in the returns is only approximate. I have, <&c, The Hon. the Native Minister. J. H. H. St. John.

EEPORT ON CONFISCATED LANDS. Acts op the General Assembly in connection with Confiscation. On the 3rd December, 18G3, the New Zealand Settlements' Act was passed authorising the Governor in Council to declare districts to be under the Act, to set apart within these districts sites for colonisation, and to take for the purposes of settlement any land within these districts. The money to arise from sales of land under this Act, to be disposed of towards repaying the expenses of suppressing the insurrection and of forming settlements. (Section 19.) On the 13th December, 1864, an Act was passed relative to the Compensation Clauses in the Act of 18G3, and empowering the Governor in Council to award compensation or to increase compensation. On the 30th October, 1865, was passed the New Zealand Settlements Amendment and Continuance Act. This provided that no more land was to be taken after 3rd December 1867 ; laid down rules on compensation ; empowered the Governor to lay out land for sale for cash, and to grant land for military .and other services ; repealed the 19th section of the Act of 1863, and in its stead substituted the following—" Money arising from the sale and disposal of land in each Province under the said Acts of 18G3 and ■ 1864 and this Act, shall be paid to the Colonial Treasurer, and shall be applied in such manner as the General Assembly shall from time to time by any Act passed on that behalf direct." On the 16th June, 1866, the regulations for the Compensation Courts, under the New Zealand Settlements Acts, were gazetted. On the 10th October, 1867, was passed the Confiscated Lands' Act empowering the Governor to make reserves in confiscated lands for friendly Natives, for returned rebels, and for educational endowments ■ also to impose conditions or limitations upon grants; also to declare parts of confiscated lands to be subject to the Waste Land Law of the Province in which they lie. Confiscated Lands Considered by Districts. West Coast. The first mention of confiscation applied to these lands is contained in a proclamation of December 17th, 1864, which states that "the Governor will retain and hold as land of the Crown all tho land in the Waikato taken by the Queen's forces, and from which the rebel Natives have been driven. (Here follow the boundaries.) The land of those Natives who have adhered to the Queen shall be secured to them, and to those who have rebelled, but who shall at once submit to the Queen's authority, portions of the land taken will be given back for themselves and their families. The Governor will make no further attack on those who remain quiet. Those guilty of violence the Governor will punish as he has punished the Waikato tribes. The Governor will also take possession of and retain, in the country between Wangaiiui and New Plymouth, and in the Province of Taranaki, such land belonging to the rebels as he may think fit." The whole of the area indicated thus was subsequently defined by different Gazettes, and on the West Coast the two districts ot Ngatiruanui and Ngatiawa with their boundaries, which included the already proclaimed districts of middle Taranaki, Oakura, and Waitara South, were gazetted.

C—4b.

2

The order in Council concluded with the following words : —And the Governor " doth hereby further declare that no land of any loyal inhabitant within the said districts, whether held by Native custom or under Crown grant, will be taken except so much as may be absolutely necessary for the security of the country, compensation being given for all land so taken, and further that all rebel inhabitants of the said districts who come in within a reasonable time and make submission to the Queen, will receive a sufficient quantity of land within the said district under grant from the Crown." The confiscated lands on the West Coast may be divided into three sections. Ist. —Between the Waitotara and Waingongoro. 2nd. —Between Waingongoro and Waitara. 3rd.—North of Waitara. I. — Lands between Waitotara and Waingongoro. In December, 1866, a Compensation Court was held at Wanganui before Judge Smith, and claims of loyal Natives to that pari of the Ngatiruanui Coast Block lying between the Kaupokonui and Wanganui rivers were investigated. The claims were divided into two classes. I. —Those established by proof of actual residence and cultivation up to within a recent period. II. —Those of persons long absent, but who themselves or their relatives were actual possessors in 1840. In class I. 40 claimants obtained each 120 acres of open land and 280 of bush land. In class 11. 79 claimants received 5 acres of available and 11 acres of bush land. The whole awards came to 17,264 acres and were made between the Waitotara and Waingongoro rivers. At this Court the whole of that portion of land within the confiscation line, lying to the S.W. of the Waitotara, and not previously included within purchases or reserves was abandoned by the Crown Agent representing the Government. On the 26th January, 1867, a notice was published in the Gazette that "to shew that the promise of the Government set forth in the order of confiscation had not been forgotten," the following lands were reserved— I.— For the Tangahoe hapu of the Ngat'wuanui tribe. 10,000 acres, more or less—Wareroa Reserve. 500 acres, more or less 1 m ~ t> inn i r YVaukina Reserve. 100 acres, more or less j ll.— For the Pakakohe hapu of the same tribe. 6000 acres, more or less —Mokoia Reserve. 2800 acres, more or less—Taumaha Reserve. 200 acres, more or less—Tangahoe Reserve. 111.—500 acres, more or less-—Hone Pihama's reserve, at Oeo. In April, 1868, the rebellion under Tito Kowaru broke out, and many of the owners in reserves and awards took part in it, the consequence being that no use was made of any of them by even those Natives who remained friendly. Previously to the outbreak, a strip of land had been surveyed and laid off on the map for a railway reserve, but had never been gazetted. This fertile tract, estimated at about 12,000 acres, it was desired to utilize, and it was advertised for lease in sections by tender. Several tenders were sent in, and some accepted; in a few cases occupation took place, and in the rest, none ; but in no instance was rent received. The troubles of 1868 put an end for the time to the scheme of leasing the reserve. As soon as the military difficulties were put an end to, the confiscated lands claimed attention. Amongst other things, the awards of the Compensation Court of 1866, not yet defined, required settlement; there was also a claim of Major Kemp and tho Whanganui Natives to land within tho boundary of confiscation, and the question of the Native reserves and of the lands to be allotted for tho location of the returned rebels had to be considered. Besides this the Pakakohe were released from prison in January, 1873, and it was necessary a decision should be arrived at about their location, esriecially as the settlers in the district raised objections to these Natives being allowed to occupy the reserves made for them. The claim of the Whanganui Natives was disposed of on the basis of an old payment in 1867, and 7)y a grant of 400 acres. The 17,264 acres awarded by the Compensation Court were all situated between the Waitotara and Waingongoro rivers. Never having been defined, though two blocks had been selected, it was deemed expedient that they should be chosen in distinct localities, that the interests of the Natives in them should be defined, and that various floating claims should be adjusted. Instructions were accordingly given, and steps were taken to allocate the awards within boundaries, and in some cases to acquire the interests of Natives who were not likely to need the land for their own occupation. This has been partly effected, and is still in progress. A certain portion of the confiscated lands, viz: that lying between the Whenuakura and Patea rivers, was reported by the Commissioner as ready for sale, and accordingly it was advertised for sale on the 23rd August, 1872. The notice of sale in the Gazette was however withdrawn on 3rd October, 1872, but this was again reversed, and the last notice for the sale was issued on the Bth February, 1873. In April, 1873, it was sold by public auction, realizing £12,100 15s. 7|d. for 4710 acres. In February, the decision of the Government as regarded the reserves of the Natives and any claims they might have between the rivers Waitotara aud Waingongoro was announced. Ist. The Pakakohe and the Natives for whom the reserves had been made in 1867 were to lie at liberty to return to them. 2nd. In addition to these the Pakakohe were to receive 2000 acres about Otauto. 3rd. The Ngarauru were to obtain 2000 acres on the N.W. bank of the Waitotara, and 500 acres for a fishing station at Ilmpukv:.

3

C—4b,

4th. The Ahitapu were to be provided for nearer to the Waingongoro, but inland of the settlements. This has since been done, and they have received 1500 acres. sth. The returning Natives were to understand that the whole of the confiscated territory between the two rivers, not otherwise disposed of, was to be at the disposal of the Government. Legal opinion having been obtained as to the claims put forward by the original accepted tenderers for leases of the railway reserve, protection was given for all improvements in accordance with the 23rd clause of the Confiscated Lands Regulations of 11th May, 1871 ; and that portion of the reserve lying between the Waitotara and Patea rivers was sold in June, 1873, realising £24,264 Bs. Od., for 9150 acres. The returned rebels have re-occupied part of their reserves, and have entered into agreements to lease other portions. The following is a return of the confiscated lands lying between the Waitotara and the Waingongoro. Return of Confiscated Lands between Waitotara and Waingongoro. a. r. p. Amount granted to Military Settlers ... ... ... 38391 315 Amount granted to Natives for Military Service ... ... 7311 0 0 Amount granted to Natives for Special Services ... ... 750 0 0 Amount granted by Compensation Court Awards, 1866 ... 17264 0 0 Amount of Native Reserves ... ... ... ... 30965 0 0 Amount of Railway Reserves, sold ... ... ... 4350 0 0 Amount of Railway Reserves, unsold ... ... ... 6000 0 0 Amount of Land Sold by General Government ... ... 17939 1 33 Amount of Land at disposal of the 1 lying between bush and sea ... 5500 0 0 Government on 27th June, / bush land ... ... 166528 232 Acres ... ... 295,000 0 0 £ s. d. Amount realised by Sales by Government .. ... ... 45681 12 2i Average price per acre ... ... ... ... ... 2111 Of the total of 295,000 acres lying between the two rivers, it is roughly calculated that 90,000 are in the Province of Wellington. And that of the area at the disposal of the Government, as per return, there are in Wellington Province— Between Bush and Sea ... ... ... ... ... 3800 acres. Bush Land ... ... ... ... ... ... 49000 acres. The remainder is in the Province of Taranaki. Within this district lies an University Reserve of 10,000 acres. The district itself is composed of a strip of fine open land, averaging seven or eight miles from sea to bush. Thence inland to the boundary of confiscation bush prevails, in parts more or less broken, in parts running in undulations and small flats. The timber consists of Rimu, Matai, Kahikatea, Tawa, &c, and the country is traversed by the Whenuakura and Patea rivers, and intersected by numerous streams. II. — Between Waiiigongoro and Waitara. On the 30th January, 1865, a proclamation was issued by the Governor bringing under the operation of the New Zealand Settlements' Act, the district of middle Taranaki (situated within what was afterwards defined as Ngatiruanui Coast), and announcing in it as sites for settlement two districts, Oakura and Waitara South. These districts were chiefly apportioned to military settlers, and numerous claims within them arose made by Natives who averred their loyalty. In July, 1866, a Compensation Court sat at New Plymouth to investigate these cases, but a difficulty was found in arriving at a decision ; the matter was left to the Government, and was settled out of Court. In Oakura the Native claimants accepted the balance left after the military settlers, about 10,000 acres, which were to be sub-divided by the Government, the Natives themselves paying for the Crown grants. In Waitara South friendly Natives were compensated to the amount of 9,725 acres. •The following is a return shewing the state of the lands in this part of the country:— Return. acres. Amount granted to Military Settlers ... .. ... ... 30,065 Amount of compensation to Friendly Natives ... ... ... 19,725 Amount returned to Arama Karaka, Wiremu Kingi te Matakatea, and others 50,000 Amount returned to Hone Pihama (at Oeo) ... ... ... 500 Amount sold ... ... ... ... ... ... 440 Amount granted at Opunake ... ... ... ... ... 735 Amount at disposal at Opunake ... ... ... ... 647 Amount not otherwise disposed of ... ... ... about 457,588 559,700 The acreage is arrived at by scaleing: in.— North of Waitara. This is all within the district of Ngatiawa Coast. The three blocks taken up for military settlers in this are Tikorangi, TJrenui, and Pukearuhe.

C—4b.

4

The Tikorangi military settlement was comprised in the Turangi Block of 20,000 acres, which was the property of the Ngatirahiri tribe; out of it 4000 acres were taken for the military settlers, leaving 16,000 acres for the Ngatirahiri. These, however, complained that having been always loyal, they ought to be compensated for having lost a fifth of their land. In March, 1873, proposals were made to meet the case; either that the land of the Ngatirahiri should be surveyed and secured to them by Crown grants at the expense of the Government, or that a sum of money should be given by way of compensation, for the purpose of enabling them to purchase agricultural implements. In December, 1865, instructions were given to Mr. Parris that the land situated between the Mimi and Urenui rivers was to be given back to the Ngatitama and Ngatimutungu tribes, the branches of Ngatiawa which had gone to the Chatham Islands. The state of the confiscated lands north of Waitara stands as under :— acres. To Military Settlers ... ... ... ... ... ... 14,994 Native Reserves, 1 Turangi, 16,000 f „„ ~™ Compensation, &c, j Mimi to Urenui, about 20,000 \ ' Balance not yet disposed of otherwise, about ... ... ... 239,006 290,000 The total acreage is only estimated by scaleing. Summary. It will thus be seen that in the confiscated lands on the West Coast there are— A. R. P. Apportioned to Military Settlers ... ... ... ... 90,761 315 Returned to Natives and Reserves for them ... ... 155,204 0 0 Lands sold by the Government ... ... ... ... 22,729 1 33 Miscellaneous ... ... ... ... ... 735 0 0 Not otherwise disposed of, about ... ... ... ... 875,269 232 1,144,700 0 0 Waikato. The Waikato country was confiscated under the proclamation of December 17th, 1864, and the boundary of confiscation was then defined. By various orders in Council and proclamations, several districts within the limits set forth in the recitation of boundaries were set apart as sites for settlements. In September, 1865, the proposal was mooted to transfer to the Province of Auckland the confiscated lands within it; a resolution to that effect was passed in the House of Representatives on the 26th October, 1865, and it was proposed that the Province should be allowed to raise a loan of £250,000 to enable it to carry out the resolution ; the Interest and Sinking Fund to be borne by the Province. The sum of £100,000, to be repaid out of the loan, was advanced to the Superintendent to promote settlement on these lands. The arrangements eventually fell through, and the Superintendent requested the General Government to resume the management of the confiscated lands. The question of the lands in this district set apart for Natives is treated in the report of the Commissioner of Native Reserves for 1871. Some of the lands thus appropriated are under Crown grants, with or without reservation, and some are inalienable reserves: the grant of the Te Akau Block of 90,360 acres is to thirteen trustees with power to divide among loyal Natives of the tribes Ngatitahinga and Tainui, and to lease for a period not exceeding thirty years ; and grants in trust of a similar nature exist for the benefit of the Ngatimahanga, Ngatihaua, <fee. At Waiuku some difficulty arose in consequence of the mismanagement by the trustees of the reserves in whose names the Crown grants were made out. To remedy the evils arising from this state of things, 103 pieces of land have been handed over in trust to Major Heaphy and Mr. White, the former of whom has been requested by the chiefs to work on their behalf. There are still remaining some undefined reserves, such as that at Tauwhare for returned rebels of the Ngatihaua tribe comprising 22,330 acres, and situated to the east of the Horotiu river, the boundaries of which have not been laid off. Attached is a return of the state of the Waikato lands :—- Return of Confiscated Lands in Waikato and Manakau. No. • Bistribution. acres, 1. Area granted to Military Settlers ... ... ... ... 124,503 2. Area granted to Waikato Immigrants ... ... ... . 15,988 3. Area appropriated to Natives (loyal) ... ... ... 181,516 ~ Area appropriated to Natives (otherwise) ... ... ... 119,705 4. Area of Lands Sold ... ... ... ... ... 160,805 5. Reserves for various purposes (including University Reserve of 20,000 acres) ... ... ... ... ... 24,393 6. Miscellaneous (Town Belts, Sand-hills, Rivers and Lakes, Roads, <tc.) 49,089 7. Area not otherwise disposed of ... ... ... .. 517,307 1,193,306 N.B. —No. 4 realised £90,474 16s. 45., and of it were sold in financial year ending 30th June, 1873, 6,303 acres for £6,728. Total average per acre on confiscated lands sold in Waikato—lis. 3d. per acre.

a—4b,

5

Of the 517,000 acres at the disposal of the Government it is calculated that— 1-lOth = 51,000 acres :is good soil, level, or wooded and hilly. l-10th = 51,000 acres :is fair average soil, with level patches. 3-10ths = 153,000 acres : is only medium soil, hilly and broken. 3-10ths = 153,000 acres : is but poor soil. 2-10ths = 102,000 acres : is swamp. Of the 124,000 acres granted to military settlers a very large portion remains unoccupied, and the greater part of it has passed into the hands of non-residents. Tauranga. In August, 1864, the Ngaiterangi tribe, who had surrendered after the defeat they experienced at Te Ranga, ceded to the Governor the whole of their lands, roughly estimated at 212,000 acres. In consideration of the humane manner in which they had carried on their warfare, His Excellency Sir George Grey returned to them three-fourths of the land thus ceded; and it was at the same time agreed that the lands north of Te Puna (included in the three-fourths given back) should be sold at the rate of three shillings per acre to the Government. A provision was also made that the cultivable lands on the Rangiwaea-Matakana Island, and those at Ohuki and in its neighbourhood, should be made inalienable so as to preserve to the Tauranga Natives a sufficiency of land for their own use. The total amount paid altogether for this block, estimated at 80,000 acres, was £11,700. By an order in Council of the 18th May, 1865, the Tauranga lands were brought within the provisions of the New Zealand Settlements' Act, 1863, the quantity promised by the Governor being set aside for such persons of tho tribe Ngaiterangi as should be determined by the Governor after duo enquiry had been made. The amount to be kept by the Government was subsequently fixed at 50,000 acres. In accordance with the order in Council, enquiry was made; and doubts having arisen on the subject of the effect of the order in Council, an Act was passed on the 10th October, 1867, validating any grants of land, ifcc, made in pursuance of tho order by persons holding the enquiry. It appeared further that the lands in the schedule of the Order, and to the Act of 1867, did not include the whole of the lands of the Ngaiterangi intended to be taken, and an Act was passed on 16th October, 1868, amending the schedule. The enquiry respecting these lands is still in progress. The Tauranga lands thus consist of: — Ist. —A confiscated block of 50,000 acres. 2nd.—A purchased block of about 80,000 acres. Below is a return shewing the state of the 50,000 acres confiscated block. Return of state of 50,000 Acres Confiscated Block at Tauranga. acres. Military Awards ... ... ... ... ... 13,567 Native Awards ... ... ... ... ... ... 7768 Proclaimed Reserves ... ... ... ... ... 487 Sold ... ... ... ... ... . . ... 1990 Roads, and unavailable ... ... ... ... ... 6547 Iv hands of Government ... ... ... ... ... 19,641 50,000 Of the 19,000 acres available in Tauranga a fair proportion, chiefly that lying along the edge of the bush, is land of a very good character. A large quantity, however, consists of condemned military settlers' lots, ravines, swamps, &c. All Native reserves within it have been laid off. In the Te Puna and Kati Kati purchase a small portion has been taken up for military settlers. The land available consists of a strip lying between the inland waters of tho Tauranga harbour and the ranges at tho back ; it is fertile, well-watered, and possesses fair timber. At least 30,000 acres will be found in it available for settlement. Within this purchase lies a proposed University reserve of 10,000 acres. Bay of Plenty. On the 17th January, 1866, an order in Council brought tho Bay of Plenty district under the New Zealand Settlements' Act, 1863. The boundaries defined by the order in Council comprised a large portion of land belonging to tho friendly tribe of the Arawa ; this was accordingly restored. In 1867, a Compensation Court was held at which were investigated claims of friendly Natives as well as of Europeans; and awards were made by the Commissioners. The unsettled state of the district prevented, for a length of time, tho completion of any arrangements touching these compensation awards, or the lands given back to surrendered rebels. In 1872, they were brought to a close. Tho following is a return of the lands in the Bay of Plenty. Return of Confiscated Lands in the Bay of Plenty. No. acres. 1. Compensation to 1074 loyal Natives ... ... ... ... 96,261 2. Lands to 1717 surrendered rebels, being at 61 acres for each ... 104,952 3. Given back to the Arawa ... ... ... ... ... 87,000 4. Lands surrendered ... ... ... ... ... 40,832 5. Military settlers ... ... ... ... ... 23,461 6. University endowment, <Sic, ... ... ... .. 10,325 7. Old land claims ... ... ... ... ... 3832 8. Miscellaneous ... ... ... ... ... ... 10,930

C—4b,

6

9. Error in former estimate ... ... ... ... 5000 10. Land sold ... ... ... ... ... ... 98 11. Land given to surrendered Uriwera ... ... ... 500 12. Balance in hands of Government ... ... ... ... 56,809 440,000 Of the 23,000 acres in class 5, fully 15,000 lie idle, most being in hands of non-residents. The amount of land as shown hero at the disposal of tho Government consists chiefly of hilly, broken, or swampy country, unfit for settlement at present. Tho returned rebels for whom provision has been made arc mostly engaged in the cultivation of the reserves set apart for them. East Coast. On tho Bth October, 1866, was passed the East Coast Land Titles Investigation Act. This gave to the Native Land Court certain powers of enquiry and award within a district named by a schedule, and declared the lands, within those boundaries, belonging to persons who had been engaged in rebellion to be lands of the Crown. Provision was made for setting apart lands for the use of persons who had been in rebellion, for selling or leasing forfeited lands, and for the appropriation of all moneys arising from the sale or disposal of such lands to meet the expenses incurred in suppressing the rebellion. On the 10th October, 1867, tho East Coast Lands Titles Investigation Act Amendment Act was passed, altering the schedule of lands which tho Act of 1866 affected, and further defining the meaning of certain words. On the 20th October, 1868, the East Coast Act was passed, repealing former Acts upon the same subject, empowering the Native Land Court to refuse to order certificates of title in favour of persons guilty of certain offences, tho land of such persons to become Crown land ; and authorizing the Governor to make reserves out of such lands. The lands comprised within these Acts are :— 1. Waiapu. 2. Poverty Bay. 3. Wairoa. » I.— -Waiapu. The confiscation of this district, the property and home of the friendly Ngatiporou, was not enforced, and all the lands within it were restored to them on account of their loyalty and valuable services. ll.— Poverty Bay and Wairoa. On the 18th December, 1868, a deed of cession to the Crown of the lands in these districts was executed by the Aitangamahaki and the Rongowhakaate tribes, on the terms that certain engagements to grant land to members of the Colonial Defence Force, and to certain friendly Natives, theretofore made on behalf of the Colony, should be performed by granting part of the lands so ceded, and that the residue thereof should be granted to loyal persons as mentioned in the deed. With regard to Poverty Bay, a Commission is now sitting at Gisborne to close up transactions which had not been completed during the sitting of a former Commission. Within the Poverty Bay ceded lands exists the Patutahi block of 62,000 acres, which, it was agreed, should be apportioned between the Government and the Ngatiporou and Ngatikuliungunu. The latter are negociating to dispose to the Government their interest in it for a sum of money. There will be thus here open for settlement this block of land, some good, some fair, originally ceded, then granted to friendly Natives, and finally bought from the latter. lll.— Wairoa. At Wairoa, on the cession made by the Natives, the Government retained land to the amount of about 40,000 acres, 26,000 acres of which are not yet dealt with. Promises of the sub-division of tho blocks given to the Natives were not carried out till 1872, when they were laid oft' as promised, and when two other small blocks were handed over to tho Government; one of 250 -acres at the Constabulary post on Waikarimoana Lake; tho other of 50 acres for road purposes at the crossing of the Waikare Taheke river. A general recapitulation is appended :— General Recapitulation. No. acres, r. p. 1. Lands given to military settlers ... ... ... 252,292 3 15 2. Lands appropriated to Natives ... ... ... 793,738 0 0 3. Lands sold ... ... ... ... ... 185,622 1 33 4. Miscellaneous ... ... ... ... ... 127,326 0 0 5. Not otherwise disposed of ... ... ... ... 1,469,026 232 Total af confiscated lands. ... ... ... 2,828,006 0 0 N.B.—The above return does not include the lands taken under the East Coast Lands Titles Investigation Act, 1866, as subsequent arrangements restored the whole of those lands, with the exception of portions kept for definite purposes. For this reason, tho military settlers' land at Wairoa, about 14,000 is not shown in No. 1. In addition to No. 5, there aro two blocks of land open. Ist—The Te Puna and Kati Kati purchase, 80,000 acres; at Tauranga. 2nd—The Patutahi purchase, about 62,000 acres, at Poverty Bay. By Authority: Gkorok DlMbury, Government Printer, Welliugtoli.—lB73. [Price 3d.]