WAIHARAKEKE & HUNGAHUNGA BLOCKS OF LAND, (RETURN RELATIVE TO PROPOSED PURCHASE OF.)

Appendix to the Journals of the House of Representatives, 1876 Session I, C-03a

C—3A

1876. NEW ZEALAND.

WAIHARAKEKE & HUNGAHUNGA BLOCKS OF LAND, (RETURN RELATIVE TO PROPOSED PURCHASE OF.)

Return to an Order of the House of Representatives, No. 7, 29</« June, 1876. " That there be laid upon the table copies of all correspondence between the Government and any person relating to the proposed purchase by Mr. Thomas Russell, from the Natives, of the Waiharakeke and Hungahunga Blocks of land in the Upper Thames District, Province of Auckland."— (Sir G. Grey.)

SCHEDULE.

From. Subject. No. Telegram—Superintendent of Auckland to Hon. Colonial Secretary Telegram —Hon. C. C. Bowen to Superintendent of Auckland Telegram—Superintendent of Auckland to Hon. Colonial Secretary Telegram—Hon. C. C. Bowen to Superintendent of Auckland Mr. Jas. Mackay to Hon. Native Minister Enclosure 1 For copies of papers, &c, re sale of Huugabunga and Waiharakeke Blocks to Mr. Kussell Explanation re sale of Hungaliunga, &c, to Mr. Russell ... ... ... 1 Papers asked for have not been supplied me „ 2 ,. 3 „ 4—Mr. Russell to Mr. Mackay Enclosure 5 —Mr. Mackay to Mr. Russell Your telegram asking for papers, &c., will be submitted to Colonial Secretary and Native Minister on their return to Wellington Explaining sale of Waiharakeke and Hungahunga Blocks to Mr. Russell, and enclosures Agreement by Natives to sell Hungabunga to Mr. Russell, and receipts for money ... Agreement by Natives to sell Waiharakeke to Mr. Russell... Agreement by Natives to sell Hungahunga to Mr. Henry Alley Wishes northern boundary of his purchase to run at right angle to the river; is willing to accept modification of original agreement Have not departed from original arrangement; am prepared to recommend boundary mentioned by you, if you do not interfere with my purchases for Crown Arrangement made with Mr. Mackay to enable Mr. Russell to square his boundary Sketch plan of proposed purchase Mangapouri Swamp Matters re sale of Bwamp left entirely in your hands H » » 1, n Enclosure 6—Mr. Russell to Hon. Dr. Pollen Sub-Enclosure to Enclosure 6 Enclosure 7 —Colonel St. John to Mr. Mackay Enclosure 8 —Mr. Mackay to Hon. Dr. Pollen )) )' JJ Sub-Enclosure to Enclosure 8 Enclosure 9 —Under Secretary Native Office to Mr. Mackay Mr. Preece to Hon. Native Minister Boundaries of land the Government are acquiring under Immigration and Public Works Act include Hungahunga and Waiharakeke Blocks, negotiated for by Mr. Russell Boundaries... Proclamation will appear in Gazette concurring in proposition re Mr. Russell's purchase Report on purchase of Hungahunga and Waiharakeke as far as came under his notice Letter in Herald states Mr. Nicholl was paid £150 to assist to put through the Hungahunga Block. Is it true, and, if so, who paid it ? For reply to former telegram ... )J Jl )1 Telegram—Superintendent of Auckland to Hon. Native Minister Telegram—Superintendent of Auckland to Hon. Native Minister Telegram—Native Minister to Superintendent of Auckland Telegram—Superintendent of Auckland to Hon. Native Minister Hon. Native Minister to Superintendent of Auckland Superintendent of Auckland to Hon. Native Minister C. 3.—1876 ... Mr. Nicholl received £100 ; for what purpose I am unaware Was it Mr. Mackay, or any Land Purchase Agent, who paid Mr. Nicholl £100 ? I have no further information beyond that already stated ... 1 It is incumbent on you, as Native Minister, to institute searching inquiry into the matter Auckland land sales. l: 1—C. 3a.

C—3a,

2

No. 1. His Honor the Superintendent, Auckland, to the Hon. the Colonial Secretary. (Telegram.) Auckland, 30th April, 1875. Mr. Mackay, Agent of the General Government, has told me that he is, with the knowledge of the General Government and of the Native Department, purchasing a tract of land from the Natives, near the Te Aroha Mountain, for Mr. Thomas Eussell. Europeans are prohibited from purchasing land from the Natives, and there is the greatest want of land at the Thames on which to locate intending settlers. Would the Government be so kind as to furnish me, or to direct Mr. Mackay to furnish me, with copies of all papers relating to this transaction, and of the instructions to Mr. Mackay regarding it ? G. Grey, The Hon. the Colonial Secretary. Superintendent.

No. 2. The Hon. C. C. Bowen to His Honor the Superintendent, Auckland. (Telegram.) Wellington, 6th May, 1875. With reference to your telegram, 30th April last, Mr. Mackay was instructed to respect all existing agreements between Natives and Europeans, whether for land or timber, within proclaimed blocks. Mr. Eussell was buying land at Waiharakeke and Hungahunga before the Government, and previous to the Proclamation under the Immigration and Public Works Act. The purchase of Waiharakeke included both the east and west sides of the Eiver Waihou. As Mr. Mackay considers it highly desirable that the Government should have the east side of the river south of the Aroha Block, Mr. Mackay proposed to Mr. Eussell that he should give up the land to the eastward of the river, and retain that on the western bank. The Government afterwards sanctioned this arrangement. Mr. Mackay reports that the greater part of the land which Mr. Eussell is to have is swamp, and unfit for the location of small settlers, as it will require a large expenditure of capital in draining it before it would be fit for occupation. Mr. Mackay informs Government that he has explained this to your Honor. His Honor the Superintendent, Auckland. C. C. Bowen.

No. 3. His Honor the Superintendent, Auckland, to the Hon. the Colonial Secretary. (Telegram.) Auckland, 15th May, 1875. You have not yet supplied me, or said whether or not you would supply me, with copies of the papers for which I asked in my telegram of the 30th of April. "Would you be so good as to direct me to be furnished with such copies? It is important that I should get them at once. Might I also have copies of all papers relating to similar agreements permitting private persons to take or exchange lands in the Hauraki, Thames, or Piako districts ? It is right, when the whole future of this province depends upon lands in those districts being open to all, that I should have the fullest knowledge regarding the questions I have alluded to. The Hon. the Colonial Secretary. G. Grey.

No. 4. The Hon. C. C. Bowen to His Honor the Superintendent, Auckland. (Telegram.) "Wellington, 17th May, 1875. Tour telegram, asking for papers, will be submitted to the Colonial Secretary and Native Minister, on their return to Wellington, in a few days. His Honor the Superintendent, Auckland. C. C. Bowen.

No. 5. Mr. J. Mackat to the Hon. the Native Minister. Sir,— Auckland, Bth June, 1876. I have the honor to acknowledge the receipt of Mr. Tinder Secretary Clarke's telegram of the sth instant, in which he requests me to furnish you with the particulars of the purchase of the Hungahunga Block, for Mr. Thomas Eussell. In reply, I have the honor to inform you that, at the commencement of the year 1872, I was engaged in business as a private land and estate agent. In February of that year, I was requested to purchase Native lands for the Government, on commission. In March, I concluded an arrangement with the Hon. Mr. Ormond to purchase land for the Crown, where required, but was not in any way precluded from acquiring lands elsewhere for private persons. Finding sufficient employment given to mo by the Government, I relinquished my private business ; and when Mr. Thomas Eussell came to me, in 1872, and requested me to negotiate for the cession to him of the Hungahunga and Waiharakeke Blocks, I declined to do so. He then employed Messrs. Preece and Graham, who were then private

C—3a

3

land purchase agents. The Government had not then furnished me with specific instructions to buy either the Waiharakeke or Hungahunga Block. I, however, ascertained that Mr. EusseH's agents were in treaty for the portion of the "Waiharakeke Block situated, to the south of the Aroha Block, and on the eastern bank of the Biver Waihou, or Thames, in addition to the Waiharakeke West and Hungahunga Blocks, situated on the western side of that river. Considering it highly desirable that the Waiharakeke East Block should be acquired for the public, I opposed Mr. Bussell in the matter; but, finally, came to an arrangement with him to confine his proceedings to the Waiharakeke West and Hungahunga Blocks, which action on my part was subsequently approved by the Government. I enclose copies of the correspondence, in my possession, which passed on the subject. South of the Hungahunga Block are the Aratiatia, Whakatakataka, and other pieces, held by Mr. Pirth by lease from the Natives, and occupied by his cattle; but I never received any instructions to acquire these for the Crown. On the 12th of March, 1873, the Natives entered into an agreement with Mr. Thomas Eussell, through Messrs. Preece and Graham, to sell to him the Hungahunga Block, at the rate of 2s. per acre; and on the 18th of March, 1873, executed a further agreement to sell the Waiharakeke West Block, for 3s. per acre: translations of which documents are annexed. Subsequently, it was found that the Native title to the two blocks was complicated and mixed up with claims to the Waiharakeke East Block, on the opposite side of the Eiver Waihou ; and it was probable some difficulty might have arisen with the Natives during the negotiation. It was deemed advisable, in 1874, for Messrs. Preece and Graham to retire, and leave the affair in my hands. The survey of the blocks was proceeded with in 1874. In July, 1874, Mr. Henry Alley, of Hikutaia, persuaded Major Green to join him in the purchase of the Hungahunga Block, and an arrangement was made between the Natives and Mr. Alley, on the 15th of July, 1874, to sell to him for 3s. per acre: a translation of which document is also attached hereto. Major Green, finding Mr. Eussell had a prior agreement with the Natives, then withdrew from the purchase, and he and Mr. Alley were repaid the amount they had expended on it. On the 23rd July, 1872, a Proclamation was signed by His Excellency the Governor, declaring a portion of the Thames District to be subject to the provisions of the Immigration and Public Works Act, which rendered it unlawful for any person other than the Agents of the Government to purchase Native lands within the area so proclaimed. This did not include within its limits either the Waiharakeke East, the Waiharakeke West, or the Hungahunga Block ; in fact, it comprised none of lands south of the Aroha Block, or to the western side of the Thames Eiver. Complaints were made at the Thames Gold Field against " the purchase of the flat lands by the Government —that they ought to be excluded from the Proclamation, so as to enable private persons to buy them for farms." Considerable pressure was put on the Government, and the Proclamation of the 23rd July, 1872, was annulled by one signed on the 9th October, 1872. In this the flat lands were left out, and the western line was the base of the hills from the southern boundary of the Aroha Block to Okurere at Hikutaia, thence by the telegraph line to the neighbourhood of Shortland. In this, again, the Waiharakeke East and West Blocks and the Hungahunga Block were not included, it not being then the intention of the Government to purchase these lands. This was the position of affairs until October, 1874. In the meanwhile, in March, 1873, Mr. Thomas Eussell negotiated the purchase of the Hungahunga and Waiharakeke Blocks, and Mr. Henry Alley and Major Green commenced dealing for the same in July, 1874. In September, 1874, the tribe Ngatipaoa arranged to sell their lands at Piako and Waitoa, and it then became necessary, in order to protect the rights of the Crown, to alter the district proclaimed under the Immigration and Public Works Act. The Government requested me to describe the boundaries, which I did to the best of my ability; but not having sufficient information to enable me to exclude the Hungahunga and Waiharakeke West Blocks, they were included in the Proclamation. I however drew attention to the fact in my letter of the 23rd September, 1874, copy of which is enclosed. Notwithstanding it has been stated that " injustice has been inflicted on the Natives by the Hungahunga and Waiharakeke Blocks being brought within the provisions of the Proclamation, as the owners were thereby deprived of the right to sell in an open market," I would beg most respectfully to urge the consideration of the fact that they had signed agreements to convey to Mr. Eussell their rights to the Hungahunga Block for 2s. per acre, and to the Waiharakeke West Block for 3s. per acre, and also to sell the same land to Mr. Henry Alley and Major Green at 3s. per acre, long before it became subject to the Proclamation of the 15th October, 1874. The title to the Hungahunga Block was investigated by the Native Land Court at Cambridge in May last, and the grantees have since conveyed a large portion of it to Mr. Eussell for a consideration of 3s. per acre. The dealings of Mr. Eussell in respect of the purchase of the Hungahunga Block have been conducted in the same manner as those of all other Europeans who acquired lands from the Natives under " The Native Lands Act, 1876," and obtrdned throughout the country until the Native Landa Act of 1873 came into operation, on the Ist January, 1874 ; and, moreover, as the whole of the negotiations took place before the proclamation of the district under the provisions of the Immigration and Public Works Act, and considerable outlay had been incurred by him for the survey of the block, he or any other person similarly placed would appear justly entitled to complete his purchase. It may be as well to bear in mind that the Land Purchase Officers and Agents of the Government were for a considerable time subsequent to the late war unable to deal with the Hauhau and semirebellious Natives for their lands, and private persons were able to effect purchases where the Crown was not, and in many cases the agreements and sales thus made have been advantageous to the colony, and have paved the way to the acquisition of blocks for the public, and the extension of settlement in the interior of this island. I have, &c, The Hon. the Native Minister, Wellington. James Mack&x

C—3a

1

Enclosure 1 in No. 5. This agreement, entered into this twelfth day of March, in the year one thousand eight hundred and seventy-three, showeth that we, the persons the names of whom are hereunder written, have consented to sell to Thomas Eussell, Esquire, of Auckland, all our piece of land known as Hungahunga, at Te Pae o Turawaru, commencing at the Governor's line at Te TJrahau, thence to Wharawhara, where the boundary of the lands of Ngatimaru is reached ; thence along the line which is disputed by Ngatimaru, until the boundary of Waiharakeke is reached, thence along the edge of the swamp to the boundary of Turangamoana; thence it crosses to the north side of Taramoarahi until it strikes the boundary of Matamata, thence along the line of Matamata until it reaches the boundary of the Governor's land at Te Urahau. The payment of that land is to be two shillings per acre. We have received one hundred pounds in money, and when the title is investigated the balance is to be paid. In witness of our consent, we have written our names. TrKEirtrA. Hanoiea, his x mark. Keeeama. Haimona. Witnesses —Lewis B. Harris. Eaihi. J. W. Preece. Hamioea. Correct translation of original agreement.—James Mackat. —6th August, 1876.

(Indobsement.) Ngaruawahia, 13th March, 1873. Eeceited by me, on the land mentioned on the other side as Hungahunga, the sum of thirty-five pounds ; and I consent to the terms of this sale, as written on the other side hereof. Na Eiki. (Stamp.) (£30.) Ngaruawahia, 13th March, 1873. Eeceived by me, thirty pounds in money (£3O) on the land sold, within this document, as Te Hungahunga ; and 1 consent to the terms of this document, as written on the other side hereof. Penetito. (Stamp.) (£5.) Eeceived by me, five pounds, on the land which is written within this document. (Stamp.) Haeete Tamihana. Correct translation. —James Mackat.—6th August, 1876.

Enclosure 2 in No. 5. This agreement, written and agreed to this eighteenth day of March, one thousand eight hundred and seventy-three, showeth, that we, the persons who have signed our name 3 below, agree to sell Thomas Eussell our land known as "VVaiharakeke. The payment for that land is to be three shillings per acre; and we have this day received thirty pounds in money on that land; and on the day when the conveyance is executed according to law, after the investigation, Ihen the balance is to be paid. The boundaries of that land commence at Huakaramu, on the River Waihou ; thence to the westward along the boundary of Te Aroha, as decided by the Court for Marutuahu ; thence to the boundary of Te Pae-o-Turawara; thence by the east side of the Mangapouri Swamp to the boundary of Turangamoana ; thence turning towards Waihou and along the boundary of Turangamoana; thence by the Eiver Waihou to Huakaramu. And we consent to have the title to the land investigated by the Native Land Court; when that is completed, we will write a document conveying the land to Tliomas Eussell and his heirs. This is all. The witness of our consent to this agreement is the signing of our names. HOTEEENE TAMIHANA. Witness to signatures — Ebtjeti Hoeoini. Saml. J. Edwards, Tana te Wahaeoa. Licensed Interpreter. Witness to signatures— John Leaning. Correct translation of original agreement. —James Mackat.—Bth June, 1876.

Enclosure 3 in No. 5. (Stamp.) This document, made the fifteenth day of July, in the year one thousand eight hundred and seventyfour, by Te Baihi, Pipi Hurawai, Hoani Tuwhakaraima, Te Kereama, Hotorua, Wirihana, Matenga, Hori Neri, Penetito, Maka, Kere, Te Mauwhau, of Ngatiteoro, of Ngatirangi, and Ngatitawhake (hapus) of Matamata, New Zealand, on the one part, and Henry Alley, of Hikutaia, New Zealand, of the other part. Now, we, the Maori persons the names of whom .ire above, sell a piece of land known by the name of Hungahunga, lying between Waihou and Waitoa, within these boundaries, commencing at the Wharawhara, proceeding thence to Matikara, to Ohoia, to Puawataikaramea, to Pukewhau, to Takatuparu, to Oliiohi; turning thence and proceeding to Otereinga, where it strikes the boundary of Aratiatia, thence proceeding to Kaihoata; thence crossing and turning to the line of Taramoarahi No. 2 ; thence proceeding to Waitukuhinau ; thence turning to the line of the Governor, and following that line until it joins at Te Wharawhara; containing six thousand acres more or less, to

5

C.-3A

Henry Alley, for three shillings per acre, and Henry Alley consents to pay three shillings per acre to us for the acre (each acre) of Hungahunga. We consent to survey that land, and to cause the title to be investigated, so that a Crown grant may issue, and it may be conveyed to Henry Alley and his heirs, or those to whom he may assign it, for ever. We have received one hundred pounds, which is a portion of the payment for that land. The money received by — Te Eaihi, £10. Hori Neri. Hara, £10. Penetito. Hoani Tuhakarima. Maka. Kereama. Kere. Eotorua. Te Whauwhau. Whirihana. Hamiora te Apurou. Matenga. Eikihana. Witness—E. E. M. Campbell, Native Interpreter. Correct translation of original agreement. —James Mackay.—Bth June, 1876.

Enclosure 4 in No. 5. Mr. T. Eussell to Mr. J. Mackay. Dear Sic, — Wyndham Street, Auckland, 18th July, 1874. Eeferring to the arrangement made with you (acting for the Government) before I left New Zealand in 1873,1 now have to call your attention to the necessity for completing the purchase of the Waiharakeke Block, in order that I may get a title to my portion of it. I shall shortly proceed with the survey of the Hungahunga Swamp; but lam not content with the northern boundary you have apparently assigned to me, and wish it to run at a right angle from the river to the south-western boundary of Moon's survey. My understanding of the arrangement with you was that you were not to purchase any land whatever for the Government on the western bank of the river, and my agents were to assist you with our Natives in the purchase of the eastern bank. I am, however, willing to accept modification of that arrangement, and will abandon the land below the boundary I have named, and not interfere with it— and this is the most valuable part of the block—if you will agree to my present proposal about my northern boundary. I have, &c, James Mackay, Esq. Thomas Eussell.

Enclosure 5 in No. 5. Mr. J. Mackay to Mr. T. Eussell; * Sib,— Auckland, 18th July, 1874. I have the honor to acknowledge the receipt of your letter of this date, referring to an arrangement which you made with me in 1873 about the Hungahunga and Waiharakeke Blocks, Upper Thames district. I infer from your letter that you suppose I have in some manner or other interfered with the boundaries of those blocks, so as to curtail the area of the same. I beg to state the only action I have taken in the matter, other than considering certain offers made by the Ngatihaua tribe, was the giving to your agent (Mr. Buddie) a memorandum that, if you did not interfere with my purchases on the eastern bank of the Eiver Thames or Waihou, I would not do anything against your acquirement of those on the western side: this being substantially the arrangement which I made with you in 1873, when I found you were negotiating for the purchase of the Waiharakeke and Hungahunga Blocks. As far as I am concerned, I do not see that the Government would derive any advantage from purchasing the Mangapouri Swamp, which is the outlet of a large part of the drainage of the Waiharakeke and Hungahunga Blocks, which you wish to acquire; and lam prepared to recommend the boundary mentioned by you, provided that you do not interfere with my land purchases, undertaken on behalf of the Crown, elsewhere. I have, Ac, James Mackay, Jun., T. Eussell, Esq. Land Purchase Agent.

Enclosure 6 in No. 5. Mr. T. Eussell to the Hon. Dr. Pollen. Memo, for the Hon. Dr. Pollen. In 1872, or beginning of 1873, I arranged to purchase the Mangapouri Swamp, on the Waihou Eiver, adjoining Mr. Firth's run, and extending downwards by the bank of river; and, through Mr. Preece, negotiated with the owners, and then made considerable payments on account. It was found that the same owners held lands on both sides of the river; and as the Government were purchasing the eastern bank through Mr. Mackay, I arranged with him that I was not to interfere with his purchases on the eastern bank, and he was to act in a similar way towards me on tho western bank; and in our negotiations with the Natives this arrangement has been maintained. I was negotiating with the Natives for the Waiharakeke Block, which covers land on both sides of the river; but, as the largest portion was on the eastern side, I withdrew on Mr. Mackay giving me an undertaking to give me my portion at the same price- at which he acquired the remainder. This is settled ;

a—3a,

6

but a portion of the swamp I have purchased is claimed by some of the owners of the Aroha Block (still on the western bank of the river), and I am unwilling to complicate matters by directly negotiating with the Natives for that part necessary to square my boundary. I have already purchased, surveyed, and partly paid for the upper part. I now propose that Mr. Mackay complete the whole purchase for the Government, the Government giving me what I require to square my land, so as to give me a boundary at right angles with the river, I paying the same for the land that I have already paid for the portions I have purchased, or a sum bearing a fair proportion to the price the Government may pay for the whole. This plan will save both parties money, will hasten the completion of the the purchase, and, I apprehend, in every way facilitate the Government operations in that district. Mr. Mackay's letter on the subject is annexed. 31st July, 1874. T. Russell.

Sub-Enclosure to Enclosure 6 in No. 5. Sketch illustrating foregoing Memorandum. 1 and 2. Waiharakeke Block, purchased by Mackay for the Government; 2 is the part I get, 1 the Government get. 3. The purchase and survey I have made from the Ngatihaua of their share of the Mangapouri Swamp. 4. A further part of the swamp that is claimed by owners of the Aroha Block, which I intend to purchase, but respecting which I submit the annexed proposition. 5. Native land.

Enclosure 7 in No. 5. Lieut.-Colonel St. John to Mr. J. Mackay. Sic, — Native Office (L. P. Branch), Wellington, Ist September, 1874. With reference to the purchase, by Mr. T. Russell, of the Mangapouri Swamp, I am directed to forward to you a copy of a letter received from that gentleman, and to inform you that the matters therein referred to are left entirely in your hands, for you to come to an agreement with Mr. Russell on the subject. I have, &c, J. Mackay, Esq., Thames. J. H. H. St. John.

Enclosure 8 in No. 5. Mr. J. Mackay to the Hon. Dr. Pollen. Sic,— - . Auckland, 23rd September, 1874. In accordance with your request, I have the honor to transmit herewith a description of the boundaries of the lands situated in the Hauraki, Upper Thames, and Piako Districts, which the Government are now acquiring under the provisions of the Immigration and Public "Works Act. "Within the boundaries as thus set forth are the Hungahunga and "Waiharakeke West Blocks, the purchase of which has been negotiated by Mr. Thomas Russell; and the Aratiatia Block, which has been similarly dealt with by Mr. J. C. Firth. As the acquisition of these lands by those gentlemen affects and is mixed up with Native claims to lands on the eastern side of the River Waihou, under negotiation by me for sale to the Crown, and it is very difficult to describe the boundaries, so as to exclude the Hungahunga, Aratiatia, and Waiharakeke West Blocks, correctly, I deemed it expedient to include them within the district proposed to be proclaimed under the Act, purposing, at the time of finally completing the purchases on behalf of the Government, to reserve those pieces from sale in the deed of cession executed by the Native owners, so that they can carry out their previous agreements with Messrs. llussell and Firth. I received instructions from the Hon. the Native Minister, in a letter dated Ist September instant, that the arrangement of the question of the purchase, by Mr. llussell, of the Hungahunga and Waiharakeke West Blocks was left entirely in my hands to arrange. Mr. Firth's purchase of Aratiatia in no way affects the Government purchases, except as hereinbefore mentioned, as it has not been intimated to me that the Crown is desirous of acquiring that block, but it has been included because I do not possess the necessary information to separate this claim from that of Mr. Russell. But by allowing the Natives to hereafter reserve the lands in question from sale in the deed of cession of the remainder to the Crown, all difficulties will be obviated. I beg to state, for your information, that a large extent of the lands described in the document forwarded herewith has already been proclaimed, under the provisions of the Immigration and Public Works Act; and it will be necessary, in making a new proclamation, to annul that previously made. (Vide General Government Gazette, 10th October, 1872, No. 51.) I have, &c, The Hon. Dr. Pollen, Auckland. James Mackay, Jun.

Sub-Enclosure to Enclosure 8 in No. 5. Boundaries of District proposed to be proclaimed under Immigration and Public Works Act. Commencing Pukorokoro, on the western shore of the Firth of the Thames; thence by the eastern boundary of the lands comprising the District of Waikato, as taken under the New Zealand Settlements Act, to the north-west angle of the Hungawera Block; thence by the northern boundary of the Hungawera Block, the western and northern boundaries of the Aroha Block, and the northern

C—3a,

7

boundary of the Mangakahika Block, to the River Piako ; thence by that river to the junction of the "Waiharakeke Stream; thence by that stream to the Waihongi Block ; thence by the northern boundary of the "Waihongi and Kahia Blocks to the River Waitoa ; thence by that river to the Uruhau Block; thence by the eastern boundaries of the Uruhau and Matamata Blocks to the Wharetangata Block; thence by the northern boundary of the Wharetangata Block to the Turangamoana Block; thence by the western boundary of the Turangamoana Block to the River Waihou; thence southwards by that river to the junction of the Oraka Stream ; thence by a line due east to the western boundary of the lands comprising the District of Tauranga, as taken under the New Zealand Settlements Act; thence by that boundary to the summit of the Aroha Mountain ; thence by the northern boundary of aforesaid District of Tauranga to Ngakuri, a whare on the coast of the Bay of Plenty; thence by the East Coast of the North Island of New Zealand to Cape Colville; thence by the shore of the Firth of the Thames, or Hauraki Gulf, to the point of commencement at Pukorokoro aforesaid. 23rd September, 1873. James Mackat, Jun.

Enclosure 9 in No. 5. The Undee Secbetaet, Native Office, to Mr. Mackay. Native Office (Land Purchase Branch), "Wellington, Sib,— 16th October, 1873. In reply to your letter of 23rd September, transmitting a description of the boundaries of lands in the Hauraki, Upper Thames, and Piako Districts, I have the honor to inform you that a Proclamation will appear in the next Gazette bringing those lands under "The Immigration and Public "Works Act, 1871." At the same time, I am instructed to point out to you that the proclamation of an area of so extensive a character is not to be taken as an authority for your purchasing all lands within its boundaries without reference to their character or value. In cases where you consider purchase should be made within them, you will have the goodness to forward a recommendation giving such particulars of nature of soil, probable price, &c, as will enable the Government to come to a decision, whether for approval or not. "With regard to your proposals contained in the same letter respecting Messrs. Russell and Firth, I am further directed to acquaint you that the Hon. the Native Minister concurs in them. I have, &c, H. T. Claeke, J. Mackay, Esq. Under Secretary.

No. 6. Mr. J. W. Pbeece to the Hon. the Native Ministee. Sib,— Auckland, 14th June, 1876. I have the honor, in compliance with a request from you, to make the following report relating to the purchase of the Hungahunga and Waiharakeko Blocks by Mr. Thomas Russell, as far as the circumstances came under my knowledge. Towards the end of the year 1872,1, then a member of the firm of Preece and Graham, was requested by Mr. Thomas Russell to undertake the purchase of the whole of what is known as the Mangapouri Swamp, together with some dry land adjoining, of which the Hungahunga and Waiharakeke Blocks only form a small portion. The block I was first instructed to purchase was bounded to the south by lands leased and purchased by J. C. Firth, Esq.; to the east by the Waihou River, as far as the northern boundary of the Aroha Block, including such portion of that block as was to the west of the Waihou River; to the north by the northern boundary of the Aroha from the "Waihou River westward and extending on to the Piako River; and to the west to the Piako and Waitoa Rivers to Mr. Firth's boundary, or as much of the land contained within those boundaries as I could acquire : this block was estimated to contain about 50,000 acres. Early in the month of February, 1873, I proceeded by the way of the Thames, and, travelling inland through the Ohinemuri and Aroha Districts, I, by negotiations with the Natives, paved the way for the purchase of the interest of the Thames Natives in their portion of the land. I then travelled into the Ngatihinerangi settlement, and, although I did not then come to terms with them for their portion, I succeeded in inducing them to submit their claims to the Native Land Court, in order that their portion should be divided off in the event of their not coming to terms. I then proceeded through the different settlements of the Ngatihaua, who were not only willing, but evinced an anxiety to deal. I spent some little time with these people, and ultimately obtained their consent to sell the Hungahunga Block, being a part of the swamp portion of the land, at the rate of 2s. per acre; the purchaser to pay for the survey and all other incidental expenses and costs. This agreement was come to with a considerable number of the most influential Natives, and signed, in the presence of the rest, by six of the leading chiefs present. I then paid them the sum of £100 as a deposit, and arranged with them for the immediate survey of the land. This took place at Tamahere, on the 11th and 12th of March, 1873 ; the agreement was signed, and the money paid, early on the 12th. Finding that the Natives were all about to assemble at Ngaruawahia, for the purpose of meeting His Excellency the Governor (Sir George Bowen), I determined to meet them together there, and endeavour to get the agreement confirmed by some of the chiefs who were not present at the time of the first payment of money, and agreement to sell. I therefore proceeded there the same day, and found that the Natives with whom I had already agreed, who had preceded me by a few hours, had informed their friends and co-claimants of the terms already come to, which were approved

C—3a

s

of by all parties j and I therefore, at their request, on the following day paid a further deposit, amounting to £70, to those who had not partaken of the proceeds of the first payment, for which receipts were signed by Riki, Penetito, and Harete Tamihana; the first of whom was a rank Hauhau and anti-land-seller; the second having, as a rule, a very strong objection to land-selling; and Harete Tamihana being, as is well known, the daughter of the renowned Wiremu Tamihana Tarapipipi. I mention these details to show that the negotiations were made with, I may say, the whole tribe, and that the Natives looked upon this transaction as a good bargain for themselves, the block being an entire mass of swamp ; and that it was a purchase with which they were well satisfied; and taking the price agreed on in proportion to the value of the dry and good land for which they had for some years past been only getting Bs. per acre, they were no doubt justified in thinking it a high price; and I am satisfied that had I held out for a month longer I should have got many to have agreed to a considerably less price, but I deemed it desirable to close the matter while there was so large an assemblage of the most important claimants present, in order to make the agreement from them such an one as they would carry out without further difficulty. The meeting at Ngaruawahia was on the 13th March, 1873. Up to this time, and from this time forward until some time in October, 1874, there had been no Proclamation issued by the Government prohibiting or precluding any person from the purchase of land in this district, either including this Hungahunga Block, or the Waiharakeke Block, or any other land to the west of the Waihou River; nor were the Government in negotiation at that time for any land in the neighbourhood, or within very many miles of it. Subsequent to this meeting—namely, on the 18th March, 1873—1 obtained an agreement from certain Natives to sell the Waiharakeke Block to Mr. Russell, or that portion of it to the west of the Waihou River, for the sum of 3s. per acre: this block was to contain all the land between the Waihou River and the Hungahunga Block, and the purchase of it was necessary to enable the proprietor of the Huugahunga Block to drain it. I was then instructed by Mr. Russell to purchase the land on the east side of the Waihou River, but was afterwards told to abandon it. A small amount of money had been paid to some of the Ngatihinerangi on this block, which was afterwards by arrangement agreed to be transferred to their claims on the western portion. After these negotiations the survey of the block was about to be proceeded with, when, I think in April, the murder of Sullivan took place in the Waikato, which circumstance upset the ordinary course of business in every way, but more particularly in the matter of purchasing Native lands. I, by instruction from Mr. Russell's agent, he having at that time proceeded to England, suspended all further operations, and instructed the surveyor not to proceed. Shortly after this I gave up the active conduct of the land purchase business of Messrs. Preece and Graham, and I proceeded to Tairua to take charge of a saw-mill property which my firm had some months previously purchased from Messrs. Seccombe and Son, and have since had no further connection with the negotiation of these Hungahunga and Waiharakeke Blocks, the papers connected with which I afterwards, by instructions from Mr. Russell on his return from England, handed over to Mr. Mackay. It will be observed, by referring to the dates of these transactions, that the purchase of both the Hungahunga and Waiharakeke Blocks was arranged for in as full and complete a manner as was possible, prior to the obtaining of a valid title, during the month of March, 1873, by an agent who had no connection whatever with the Government, and that it was not until the month of October, 1874, a period of eighteen months subsequently, that there was any Proclamation issued to prohibit the purchase of land in that district; and I may say that it was only out of deference to the expressed desire of the Government that the survey of the Hungahunga was postponed for so long a time by Mr. Russell, and that there would have been no difficulty in completing that survey in time for the sitting of the Native Land Court which took place in December, 1873, and in that case the title would have been completed some nine or ten months prior to the issue of the Proclamation "which was afterwards made, and, as far as I understood at the time, with the distinct understanding that Mr. Russell's purchases were to be protected. With reference to the statement that the Natives had been compelled since the issue of the proclamation to sell these blocks to Mr. Russell, and not allowed to sell to any one else, the compulsion was only so far as their consciences should impel them honestly to carry out a fair and hmafide agreement, on which they had taken a considerable amount of Mr. Russell's money. As a matter of fact, Mr. Russell had, after the issue of the Proclamation, to agree to give Is. per acre more for the land than these same people had agreed to sell it to him for at a time when the market was open to them to sell to whom they chose. I have in the above report simply confined myself to a statement of facts. I may, however, be pardoned if I offer a few remarks on the great evil which has already accrued, and will still grow greater, in a moral point of view, by the encouragement which is frequently given to Natives to repudiate their fair and bonafide bargains made with Europeans, on the mere technical ground of the agreement not being valid at law. I quite recollect, and so, I doubt not, do many others, that there was a time when the word alone of a Maori chief was as good as his bond: now lam sorry to have to say that such forms the marked exception to the general rule of repudiation where there is a bare chance of making a few pounds extra by so doing; and this I attribute in a great measure to the knowledge which they have obtained during the last ten or twelve years, that by our laws, which we hold up to them as the acme of perfection, they can readily repudiate any agreement referring to land made before the issue of a certificate of title, no matter what moneys they have taken as deposits, or how fully and thoroughly they have understood the nature of their agreement, or however earnestly they may have pledged themselves to carry out the terms of the same; and this they are from time to time to urged on to do by persons of our own race, and sometimes by such of them as should by their position and influence rather endeavour to induce them to a moral sense of their duty to abide by their bona fide agreements, than to aid them in a course of repudiation on the simple ground that isuch agreements are technically bad at law. It was, I understood at the time, with the desire not to give encouragement to the Natives thus

9

C—3a,

to repudiate their fair and just agreements, and thereby teach them immorality, that the Government, at the time they undertook the purchase of lands in this province without any secresy, but publicly, in their instructions to their Land Purchase Agent, intimated that, in initiating the purchase of Native lands, it was not their desire or intention to interfere with transactions between Europeans and Natives which were of a bonafide nature, and already in an advanced stage of negotiation. These blocks, Hungahunga and Waibarakeke, were past the stage of negotiation, for all the negotiations had been completed, and there only remained the procuring of the formal title. It must be borne in mind that, at the time of the Government obtaining from Parliament a vote for the purchase of a public estate in the North Island, they had to come into the market as strangers, for they had for many years past totally abandoned the purchase of Native lands, and had disbanded the Land Purchase Department, in the place of which there had grown up a set of independent agents, who were prepared to do, and did, business for private individuals, in the purchase and lease of Native lands, and who, in order to do any business at all, were compelled to enter into preliminary arrangements with Natives, and make them advances, as well as incur the cost of survey, and other risks, prior to the Natives having a title to the land. These advances were, by " The Native Lands Act, 1862" (the first of the Native Lands Acts), declared to be illegal, and the Native Land Purchase Ordinance was still kept alive and in force, by which it was not only illegal to make these advances, but punishable by a very heavy fine—namely, £100. In 1865, the Legislature passed a Native Lands Act which not only repealed the Act of 1862, but the Native Land Purchase Ordinance with it; and in the new Act it was clearly stated that these agreements entered into before the issue of the certificate of title were " void." Thus they were no longer illegal, for the Act and Ordinance by which they were formerly declared to have been so were now deliberately repealed, and in the new Act the same disabilities were not revived, for it was doubtless contemplated by the Legislature that, as the Government had given up the purchase of Native lands, private individuals would probably go largely into the acquisition of them; and in order to induce persons so purchasing or leasing Native lands to perfect their titles in a proper manner, these preliminary agreements were declared of no legal value, although by no means illegal. The Land Purchase Ordinance having been deliberately repealed by the Act of 1865, no doubt was a distinct expression of opinion that it was not at that time desirable for the Government to continue the purchase of Native lands; and in order to encourage private individuals to take up the work, they rendered the. disabilities as light as possible by declaring that such transactions were no longer illegal and punishable, but that, until the issue of a certificate of title to the owners of the land, the agreements were invalid or void. The consequence was that when any persons made an agreement with the Natives for the lease or purchase of lands, it was always stipulated that the survey of the same should be proceeded with with all diligence, in order that the title might be perfected with as little delay as possible, and which was generally effected in about six or eight months. These encouragements given by the Legislature to private individuals to deal with Native lands, together with the simultaneous abandonment on the part of the Government of their land purchase operations, was a means of causing a very large traffic in the same, there being a great desire on the part of settlers and capitalists to purchase, and an equal desire on the part of the Natives to try an open market, from which they had been shut out for many years by the Land Purchase Ordinance, passed at an early period in the history of the colony, before which they had enjoyed the privileges of the penny an acre Pre-emption Act. Having occupied as I think, I may safely say, with one or two others, a leading position as a Native Land Purchase Agent in this province, I can say, with some degree of authority, that had the Government, at the time they assumed the purchase of Native lands, entirely ignored transactions which were in progress of completion, and had refused to permit the Natives to carry out their promises, or the purchasers to complete their titles, they would have been the means of causing a loss of thousands of pounds to our settlers, and, in thus encouraging the Natives to repudiate their fair bargains, would have taught them a lesson of wholesale immorality and been a party to their obtaining money under false pretences, and would have been guilty of causing a great public calamity. I have been induced to make these remarks not so much in my present position as a public officer, but because, at the time the Government commenced their land purchase operations in this province, I, acting as I then was as a private Native land purchase agent, am in a position to state what were the circumstances under which these operations were commenced, and why the Government were, in my opinion, justified, in a moral point of view, in not offering encouragement to Natives to a course of wholesale repudiation; and, in a practical business point of view, in not attempting to raise a hornets' nest round their heads in the midst of the very market which they were entering, with at first but little more capital than private persons were then prepared to place in the hands of the land agents doing business at that time, and with no organized staff to undertake so great a work. I have, &c, The Hon. Sir Donald McLean, K.C.M.G., J. W. Peeece. Native Minister, Wellington.

No. 7. His Honor the Stjpeeintendent, Auckland, to the Hon. the Native Ministee. (Telegram.) Auckland, 20th May, 1876. In a letter from Mr. H. Alley, 'published in this morning's New Zealand Herald, the following statement is made :— " The Hungahunga and other blocks were to come on for hearing after I left. Mr. William Nicholl received money to assist with his influence to put some blocks through. I know for a fact he received £150 from a Native Land Commissioner to assist to put through the Hungahunga Block." 2—o. 3a.

C—3a,

10

I request, as Superintendent of this province, that I may be informed if it is true that Mr. William Nicholl received £150, or any sum of money, from a Native Land Commissioner, to assist to put the Hungahunga Block through, and, if so, that I may be informed of the name of that Land Purchase Commissioner. Sir D. McLean, Chief Land Purchase Commissioner, G. Geet. Waikato, Newcastle.

No. 8. His Honor the Supeeintendent, Auckland, to the Hon. the Native Ministee. (Telegram.) Auckland, 23rd May, 1876. Would you be so good as to favour me with a reply to my telegram of the 20th instant ? Sir Donald McLean, Chief Land Purchase Commissioner, G. Geet. Alexandra.

No. 9. The Hon. the Native Ministee to His Honor the Superintendent, Auckland. (Telegram.) Alexandra, 25th May, 1876. In reference to your Honor's telegrams of 20th and 23rd instant, respecting a letter which appeared in an Auckland paper from a Mr. H. Alley, to the effect that a Mr. Nicholl received £150 from a Native Land Commissioner to assist to put through the Hungahunga Block, I have to acquaint your Honor that, from information furnished to me by Mr. Mackay, it appears Mr. Nicholl received £100, but for what particular purpose I am not aware, as the Government has nothing to do with the transaction. His Honor Sir G. Grey, X.C.8., Superintendent, Donald McLean. Auckland.

No. 10. His Honor the Superintendent, Auckland, to the Hon. the Native Ministee. (Telegram.) Auckland, 26th May, 1876. I thank you for your telegram yesterday. Would you be so good as to inform me, was it from Mr. James Mackay, or from any land purchase agent, that Mr. Nicholl received the £100 ? Sir Donald McLean, Chief Land Purchase Commissioner, G. Geet. Waikato.

No. 11. The Hon. the Native Ministee to His Honor the Supebintendent, Auckland. Sib, — Auckland, 2nd June, 1876. Referring to your Honor's telegram of the 26th ultimo, I have the honor to acquaint you that I have no further information beyond what I have already stated in my telegram in reply to yours of the 20th ultimo. I have, &c, His Honor Sir G. Grey, X.C.8., Superintendent, Auckland. Donald McLean.

No. 12. His Honor the Supebintendent, Auckland, to the Hon. the Native Ministee. Sib, — Superintendent's Office, Auckland, 2nd June, 1876. I have the honor to acknowledge the receipt of your letter of this day's date, in reference to my telegrams respecting the Hungahunga Block. I do not quite understand the statement made in your telegram of the 25th ultimo, that you do not know for what purpose Mr. Nicholl received the sum of £100, as the Government had nothing to do with the transaction. According to Mr. Mackay's sworn testimony, he merely made the suggestion for this transaction, which was agreed to by the Government and carried out with their sanction. As Superintendent of this province, it is my duty to say that the interests of its inhabitants, and a due sense of their rights, make it in my belief incumbent on you, as Native Minister and Chief Land Purchase Commissioner, to institute a searching inquiry into the matter I have brought before you in this correspondence, as well as into the allegations, in connection with this subject, which are made in the leading articles of the Thames Advertiser newspaper of the 23rd and 24th ultimo. I have, &c, The Hon. the Native Minister and Chief Land Purchase G. Geet. Commissioner, Auckland. Note.—For remainder of Return, vide C. —3 ante.

By Authority: Geokgb Didsbuey, Government Printer. —1876.