G.—l3
1881. NEW ZEALAND.
LANDS IN THE PATETERE DISTRICT (CORRESPONDENCE RELATIVE THERETO). [In continuation of G.-1, 1880.]
Return to an Order of the House of Bepresentatives, dated 10th June, 1881. " That there be laid upon the table copies of all correspondence or telegrams connected with the Patetere Block of land which may have passed with the Grovernment since the date of the correspondence on this subject, which has been laid before Parliament."— Sir George Grey.
No. 1. 20, o nga ra o Hurae, 1880. No Akarana, i Horotiu, taone o "Waitemata, i Nuitirangi, te wahi tuarua o te nohoanga o nga Kapetana tuatahi o te Kuini o Ingarangi i tuku mai nei i a Kawana Hopihana hei Kapetana, hei Eoia Eanawi hei hoa whakahaere pai mo nga rangatira Maori whai-mana ki nga whenua o nga wahikatoa o Nuitirangi, kaore ki nj*a hapu ware o Ngatiraukawa tunutunu riwai, e hoko tahae mai nei i te oneone o toku tupuna o Uenukopako i waiho ki au ki te uri ona ki tera tamaiti ana ki tenei i ta ana, ko nga ingoa tenei oku whenua ake ko te Eotohokahoka i Patetere, ko Tangihua i Patetere, ko Maruapu i Patetere, ko te Eakaupoto i Patetere, ko te Whetu i te Tokoroa-a-maui, te Kupenga Taramainuku i te Tokoroa, he taurekareka he toenga kainga na Tukorehu, na te Naura na Muriwhenua na Te Heuheu, ko tehamutio o ratou tupuna i tikona ki roto i te kete rimu hei taha i Patetere taku whenua, na ka matau taku tupuna a Te Tukutuku he tahae na "Whakahao i taku whenua i Patetere kainga na e taku tupuna nga hamu o te ran<ratira nui o Ngatiraukawa, ko te tinana o Whakahao na taku tupuna na Te Heuheu i kai ki Taupo, ko nga karu o Tumahurangi na Te Heuheu i horomata ki roto i tona puku, he pahi mahi kai maku te tupu o te tangata a Kawanatanga e whakarangatira mai na, ko taku whenua hei utu mo nga pata witi a Hone Hianga e ruke mai ra ki te aroaro o nga heihei, o nga rakiraki, o nga kuihi o nga pipipi, ko nga tinana o aua rakiraki e whangaia mai nei e Hone Hianga, ka pai hoki ahau kia whangaia ia kia momona o ratou tinana he pi maku a Ngatiraukawa, taihoa ka raru te porowini o Akarana i au, ka tapahia te upoko o Ngatiraukawa i au mo aku whenua, a akunei ano pea ka peke mai ano te Kawanatanga ki te arai penei me toku ma ki a Tapuika i Maketu, hohoro tonu mai a Makarini raua ko Te Karaka ki te wawao i a Tapuika ki te whakaora kei mate i au mo te Puke ko Waitaha, mo Kaituna mo Tehekohe te Hau te Karaka, ko Pupu Pukaingataru mo te Papanui, mo Paengaroa mo te Matapara te pa o to matou tupuna o Eangitihi te papa o Tuhourangi, na raua ko na wahine ko Eongomaipapa, toku tupuna ingoa a XJenukukopako ki runga o Patetere te whenua i tohungia e ratou ko a wahine ko Eangiwakapiri ko Hinepito,no raua a Patetere, a te Waotu, a Matanuku, a Motukakapo, a te Wakamaru, a Maungaiti, a Horohoro a Tutukau, ko enei maunga i tuhinu ma XJenukukopako, ko nga ingoa o nga whenua e takoto na te rarangi tekau matahi, ko nga putanga mai te marangai ki te hauauru, ko ena whenua he u na XJenukukopako ki tona wahine iti ki a Taoi Kaiawhewhare, i pahi te manawa o te kawau i a Taoi i te rukunga i te au o Eotorua, ko au i roto i a ia, ka tatu maua ki te whenua ka he taku manawaka whana e au tona kopu ka puhia te hau o roto i a ia, ka ho ahau i roto i a Taoi i raro i te whenua i ro i te moana o Eotorua, ka tuku ake te toroa ka mau ki te hoa o nga taniwha o te moana nga tiaki o Eotorua, ka riro ake nga koura, ko te uri rakau ka waiho atu i tona tunga i roto i te moana noho ai, ko nga koura ka riro ake i a maua ko taku whaea ko Taoi, he mokai to a maua ha ngoingoi ana nga kou i runga i te waka, ka huaina e XJenukukopako ko te hiwi o te toroa ko te moana i rukuhia e tona wahine iti e Taoi, ko Tuahiao tona tama i roto i a ia, nana ahau. Na Eingori te Ao, Eoia Maori, Akarana. Ki te Kapetana o Nuitirangi, ki a Kawana Eopihana kei Poneke, mau e tuhi to_ ingoa ki raro o tena pukapuka, ka tuku atu ai ki to Eunanga ki nga mema Pakeha ki nga mema Maori.
Ko AVikitoria te Kuini o Ingarangi, i tana mahara atawhai ki nga rangatira Maori o Nuitirangi tana hiahia pai kia tohungia a kia era ratou o ratou rangatiratanga, me o matou maunga nui, me o matou ngaherehere, me o matou wa mahinga ika, me o matou whenua, me o matou kainga, me o matou taonga i tahaetia nei e te Kawanatanga hauarea, tutua taurekareka, haere rori o Katarana, o Banana, o Airana i oma mai ratou i nga kaipuke wero tohora ki Nuitirangi i runga i nga kaipuke uta pahihi mai ki Nuitirangi j ko Kapene Kerei kihai i mahara ki nga tikanga pai a tona ariki a Te Kuini mo Nuiti--I—G. 13.
G.—l3
2
rangi tangata wheiiua, e hua i wnka-uoa ai i ta ratou Kawenata, i maliia ki Waitangi i te onoo nga ra o Pepuere, 1840, ua Kapene Kerei pakeha o Ingarangi i waka-noa i to matou iwi ko matua, kei puta te kino i tonu whawhai poauau porangi ki Waikato ; hei ai taku ingoa toa ki te turaki i nga toa o Ingarangi e noho nei i Nuitirangi, to kupu whakatauki a te Tianara, ka mana ki te ao katoa ki nga iwi o loropi, kihai i whawhati i nga iwi katoa te mata o te peneti a Irangi, taka marire ki Nuitirangi katahi kawhati te ma o te peneti a Irangi, ko Kapene Kerei i peia i kikia kinotia mai ia e Te Kanewiri mo tona porangi ki te huna i nga hoia o te Kuini raua ko tona tama, mea ake nei ka ara taua tamaiti hei tiaki i tona iwi Maori i te iwi o ana tupuna ; ko te oati a Kingi Wireinu ki a Te Kuini kia kaha to tiaki i Nuitirangi.
[Translation ] 20th July, 1880. Auckland, at Horotiu, a city on the Waitemata, New Zealand, being the second place occupied by the first Governors of the Queen of England, who sent Governor Hobson hither to act as Governor and Lord Lieutenant, and to render those Native chiefs who had authority over laud in all portions of New Zealand valuable assistance in administering their lands, excepting the ignoble hapu of Ngatiraukawa, "roast potatoes," who are stealthily selling the lands of my ancestors XJenukukopako, by whom it was left to me and others of his descendants. The names of my own lands are Te Eotohokahoka, at Patetere; Tangihua, at Patetere; Maruapu, at Patetere; Te Eakaupoto, at Patetere; Te Whetu, at Te Tokoroa; and Maui-te-Kupenga-a-Taraminuku, at Te Tokoroa. They are slaves, and the residue of those eaten by Tukorehu, Te Naura, Muriwhenua, and Te Heuheu. The excrement of their ancestors was deposited in a kit of seaweed, as establishing a claim to Patetere. My ancestor, Te Tukutuku, knowing that Whakahao did this to steal the land, eat the excrement of an influential Ngatiraukawa chief; the body of Whakahao was eaten at Taupo by my ancestor Te Heuheu, and he also swallowed the eyes of Tumaturangi. The actions of a member of the late Government are like those of a company of people preparing food for me. My land is to be taken as payment for the grains of wheat scattered by Mr. Sheehan as food for the fowls, ducks, geese, and turkeys ; the bodies of those fowls, so fattened by Mr. Sheehan, for which I thank him, will be my chickens —that is, the Ngatiraukawa will. Shortly there will be trouble in the Auckland Province. I will decapitate Ngatiraukawa, because of my lands. Possibly Government will step in and place restrictions on the land, as they did in the case of Tapuika, Maketu. Sir Donald McLean and Mr. Clarke were quick to step in and protect Tapuika from me, on account of Te Puke Waitaha, Kaituna and te Tehekohe, Te Hau, Te Karaka, Pupu Pukaingataru, Te Papanui, Paengaroa, Te Matapara, the pa of my ancestors, Eangitihi, the parent of tho Tuhourangi, who with his wife, Bongomaipapa, owned it. Through my ancestor, XJenukukopako, I have a claim to Patetere, the land selected by himself and his waves, Bangiwhakapiri and Hinepito ; these two owned Patetere te Waotu, Te Waotu Matanmku, Motu Kakapo, Mangaiti, Horohoro, and Tutukau. These mountains were apportioned to XJenukukopako ; the names of the lands are given in the eleventh line commencing from the east, thence to tho west. Those lands were given by XJ eriukukopako to his lesser wife, Taoi-Kai-awe-Whare. Taoi defeated the shag when diving in the waters of Eotorua Lake. I was in her womb at the time ; when we reached the land my breath was taken away and I kicked in her womb, which took her breath away An albatross took wing and went to the Taniwha, guardian of the Eotorua Lake, and while on the w rater took up the crayfish, leaving the Ururakau behind. The crayfish were taken by my mother, Taoi, and me as our pets, hence XJenuku Kopako called the tribe the Toroa, the lake being the one in which his lesser wife, Taoi, dived. Tuahiai was the name of the manchild in her womb, who begat me, Eingori te Ao, Native Lawyer, Auckland Do you sign your name to this and forward it to the European and Maori members of the House of Parliament. EINOORI TE Ao, Maori Lawyer, Auckland. To the Governor of New Zealand, to Governor Eobinson, at Wellington.
Hue Majesty Victoria, Queen of England, regarding with her Royal favour the Native chiefs of New Zealand, and anxious to protect their just right and property, guarantees to them possession of their lands and estates, forests and fisheries, of which we have been deprived by that low-born slavish Government, composed of mere tramps, who have travelled on the roads of England, Scotland, and Ireland, subsequently escaping to this country on board whalers and passenger ships. Captain Grey did not regard the instructions given by his Sovereign Queen Victoria for the benefit of the Natives of New Zealand, for he was unmindful of the covenant entered into at Waitangi on the 6th day of February, 1840. It was Captain Grey who ignored our tribe. We were afraid of being drawn into the foolish and ill-advised war with Waikato. The assistance of my bravery was solicited to help to drive the Europeans resident in New Zealand into the sea. General Cameron said that England's prowess in vanquishing all the nations of Europe at the point of a bayonet was the proverb : it was only in New Zealand that the point of the bayonet was successfully resisted. Captain Grey was expelled and kicked out by [Earl Granville] because of his duplicity in concealing [the death of] the soldiers of the Queen, whose son will eventually protect the interests of the Maori people, and the people also of his predecessors. King William's command to Queen Victoria was that she should be strong to protect New Zealand.
No. 2. [Translation.] Cambridge, Waikato, 19th July, 1880. The Hon. Mr. Bryce, Minister for Native Affairs. Greeting. In consequence of the serious difficulties in which we are placed with regard to
3
G.—l3
the land under Proclamation by the Government in the District of Patetere, and in consideration of the fact that certain European, speculators —viz., Walker, Wilson, and Williams—have been permitted to negotiate for the purchase of those lands, upon the condition that they returned the money advanced by the Government, and we being ignorant of the boundary, we appeal to you to give us a description of the boundary of the land included under the Proclamation of the Government, in order that we may know whether or not it is the same as we understand it to be. The course pursued has been a source of dissatisfaction to us —that is, the money advanced by the Government having been made a charge upon the whole of cur lands without any reference to the area that would have been an equivalent for it. The lands have now all been passed through the Court, and it has been found that some of the people who sold to the Government have no claim to the land, while others who did not join in the sale have been found to have a claim ; so that the shares of some of the owners who did not take part in the sale have been proclaimed in consequence of the land having been sold by persons having no claim to it, thereby causing dissatisfaction to the persons whose claims have been substantiated, but who did not sell the land. The course above referred to is calculated to create dissatisfaction in the minds of people interested, therefore do you explain the matter to us, so that our hearts may be relieved. Ended. Prom your loving friends, Hoera Mahirahi and Others.
No. 3. Hoera Mahirahi. 12th October, 1880. Priend, —Tour letter addressed to Hon. Mr. Bryce, dated 19th July last, has been received and considered. Tou ask for the boundaries of the land proclaimed by the Government in the Patetere District. These boundaries were published in the Neiv Zealand Gazette, first on the 19th September, 1874, and again on the 25th April, 1878. Major Mair will read them to you or to the agent who is acting for you in this matter Bichd. John Gill.
No. 4 [Translation.] Friend Mr. Bryce, Native Minister. Oruanui, Taupo, 4th August, 1880. Greeting,—l address you with reference to the disputed lands on this side of the boundary line of the Tokoroa Block. Certain people wish these lands surveyed, viz., the Whakamaru, Moungaiti, Waimabana, Ongaroto, Maungaharakeke, Ngautuku, Te Eereahinemai-u, Te Tangihanga, Horohoro, Tauhunui, Whirinaki, Uruponga, Eatoreka, and Te Puaiti. These lands are all under Proclamation by the Government, and my friends and myself have the management of these lands, so if any other persons apply to have them surveyed do not allow it, lest trouble should arise in consequence, for it cannot be done until a meeting of the whole tribe has been held. Ended. Prom your friends, Hohepa Tamamutu and Others.
No. 5. Hohepa Tamamutu 7th October 1880. Eriend, —Hon. Mr. Bryce directs me to write you that he received your letter, written from Oruanui, respecting the boundary of certain pieces of land still under Proclamation. Bichd. John Gill.
No. 6. [Translation ] To Hon. Mr. Bryce, Native Minister. Waipapa, Taupo, Gth August, 1880. I, with the whole tribe, appeal to you with regard to the Proclamation of the Government upon this land at Ongaroto, Tauhuuui, Maungaiti. We wish the Proclamation of the Government removed from this land, and we are very desirous of having the survey made, in order that we may be able to bring the land before the Native Land Court. Do you and the General Assembly of New Zealand give effect to our appeal. Ended. Prom Hetiri Paerata, (from the Ngadwairangi, Ngatitekohera, and the Ngatiraukawa Tribes.)
No. 7 Hitiri Paerata and Others. 21st October, 1880. Briends, —Your letter of the oth August, addressed to Hon. Mr. Bryce, requesting him to remove the Proclamation over pieces of land named by you, Ongaroto, Tauhanui, and Maungaiti, so that the land may be surveyed and brought before the Native Land Court, has been received and considered. Mr. Bryce directs me to inform you that the Proclamation does not in any way prevent your applying for the survey of the laud, and that, if such is referred to him by the Survey Department, he will approve of the work being done, Bichd. John Gill,
G.—l3
4
No. 8. [Translation.] To His Excellency the Governor of New Zealand. Taupo, 7th August, 1880. Friend the Governor, —This is an appeal of ours to you for the division of our piece of land at Te Tokoroa-a-Maui, the title to which was adjudicated on at Cambridge on the 12th June, 1880. The following are the grounds on which we make the application : — 1. Many of us were unable to attend the Court through illness. 2. The land was surveyed secretly by the Europeans without our knowledge. 3. The Native Land Court decided that Ngatara and Kikopiri were the ancestors who owned the land, and they were our ancestors, but we did not give our consent to our land being the property of the pakeha, for we did not receive one sixpence. 4. Our names were signed without our authority by another person. 5. Our old people are buried there, and we cannot sell the lands in which they are lying. Tou yourselves, the Europeans, also bold in great respect the places where your old people are buried. The above are the grounds upon which we appeal to you, the Governor, to endeavour to have our piece of land at Te Tokoroa-a-Maui divided by the Native Land Court at Cambridge. Friend the Governor, salutations. Tour God reigns in the Heavens, may He protect you. From your loving servants, Ihakaea Kahuao and 8 Others.
No. 9. [Teanslation.] To the Goteenment at the Parliament. Ohinemutu, 29th September, 1880. This is an application of ours to you to grant a subdivision of our land at Te Tokoroa, for the four following reasons: — 1. We did not receive any money 2. We did not agree to our land being acquired by the pakeha. 3. My illness prevented us from attending the investigation. 4. The survey was made without our knowledge ; and 5. Our old people are buried there. That is all. From us all. Ihakaea Kahuao and Others.
No. 10. [Translation.] Friends. Wellington, 21st October, 1880. Greeting. His Excellency the Governor has forwarded to this office your letter of the 7th August, asking for a division of a piece of land at Te Tokoroa-a-Maui. The circumstances in connection with your application have been carefully inquired into, and the Government are unable to grant it. To Ihakara Kahuao, Taupo. T. W Lewis.
No. 11. [Translation.] To Mr. Lewis. Tapuaeharuru, Taupo, 9th December, 1880. Friend,—l received your letter on the Bth November, in which you state that the grounds upon which my application was made was not sufficient. Friend, Te Tokoroa is my land, and I was prevented by illness from going to Cambridge to attend the investigation of the title to that laud ; therefore it is that 1 urge for a rehearing for Te Tokoroa, so that I may be relieved of my anxiety in respect of my land. From your friend, Ihakara Kahuao.
No. 12. (Telegram.) [Translation ] To Hon. Mr. Betce, Native Minister. Cambridge, 7th September, 1880. The Ngatiraukawa will shortly be in a position to repay the amount advanced by the Government upon the Patetere Block. Where should it be paid ? Keply Haee Teimana.
No. 13. [Translation ] To Mr. Beyce, Native Minister. Te Wairoa, Tarawera Lake, 2nd October, 1880. Salutations. This is an application of ours to you to grant us a rehearing of the Patetere Block. Our reasons for this application are many
5
G.—l3
1. We are an influential branch of the Ngatimanawa, and have a claim to that block, but were not admitted. 2. Other tribes have seen our parents living permanently on that block up to the present time. 3. After the decision of the Court which sat at Cambridge had been given by Captain Symonds on the 10th May, 1880, the memorial of ownership was issued to forty-three persons, and the money, £251, was given secretly by the company to four persons, and in our opinion it is not in accordance with law 4. Therefore it is that we appeal to you to grant us a rehearing, so as to bring our large claims to this block before the Court. 5. There is also another lot of names which have been put in secretly, and whose claims to that block have not been heard by the Court, and we strongly object to these proceedings. G. If this application of ours is not given effect to, these hapus will go and live on that block as our parents did. Ended. From Ngatimanawa ; that is, Keeei te Eangihieoa and Others,
No. 14. (Telegram.) [Translation.] To Hon. Mr. Bryce, Wellington. Cambridge, 4th October, 1880. Friend, —We wish to refund the money advanced by the Government upon our land at Patetere, which is a large amount. Please reply Aeekateea te Weea, and all Ngatiraukawa.
No. 15. Sie,— Wellington, 28th October, 1880. I have the honor to address you in reference to a block of land situated in the Waikato District, known as Patetere Block. This block was some time since duly proclaimed as under negotiation by the Crown. I have been instructed by a number of the leading chiefs, representative men of the tribes to which the land belongs, to act on their behalf for the purpose of completing negotiations which have for some time past been going on between them and the Government with a view to the revocation of the Proclamation and the settlement of the claims of the Government upon an equitable basis. I have now to submit the following on the behalf of my clients. They are now prepared to extinguish the claims of the Government on the block either in money or land. Should the Government decide to accept money, they are prepared to pay the necessary amount at once. If, however, the Government prefers to take land in lieu of money, they are prepared to meet the wishes of the Government in this respect on the following terms : — 1. The Government may select land for this purpose either within the blocks which have gone through the Court (110,000 acres), or on the remainder of the block which has not yet been dealt with by the Court (137,000 acres) 2. They are quite willing that the land should be taken either in one or two blocks, as the Government may think fit. 3. The land to be taken to be of fair average quality of the block, and quality and position to be approved of by the Government. 4. The area to be taken in acres to be equal in value to the amount of the Government advances. 5. The land to be given to the Government under this proposal to be handed over to the Government in open Court at the next sitting of the Native Land Court, which shall be held for the purpose of dealing with the Patetere Block. 6. Neglect, failure, or refusal on the part of my clients will be considered by them to be sufficient grounds for the Government to reimpose the Proclamation now existing, or to take any other steps the Government may think necessary for protection of Crown's interest. Under these circumstances I hope you will not consider them unreasonable in asking that the Proclamation now existing should be removed. They are willing that notification of its removal should be so arranged as not to tako effect until a period of from eight to ton days after the opening of next Court, so that they will have reasonable time within which to give effect to the arrangement now proposed. They allege, amongst other reasons in favour of the removal of the Proclamation, that the effect upon their people of its removal being notified will be to induce them readily to do everything required to keep faith with the Government. They are also anxious that, if the Government accede to this request, the very fullest publicity may be given to the notification of the intention of the Government to remove the Proclamation. They would like to have it notified in newspapers circulating in Auckland, Waikato, Tauranga, Foxton, Palmerston, Eangitikei, and Wanganui, for these are the places in which Ngatiraukawa resides ; and they also wish that the Europeans of the Island should become fully aware of the fact that the Government has removed the Proclamation. I have, &c., The Hon. the Native Minister, Wellington. Martin Chapman
No. 16. Sie, — Wellington, 3rd November, 1880. Eeferring to my communication of last week on the subject of the Patetere Block, I have now the honor to enclose herewith copies, in English and Maori, of two telegrams received by me from my clients.
G.—l3
6
I understand you have already seen the originals, but I shall be happy again to place them at your disposal, if necessary I have, &c, The Hon. the Native Minister, Wellington. Martin Chapman.
Enclosure 1 in No. 16. (Telegram.) [Translation.] Martin Chapman, Esq., Wellington. Cambridge, 12th October, 1880. Friend, —Salutations to you. We are anxious to return the moneys of the Government now lying upon our land, called Patetero. Let you be an agent for us. Herewith is a fee of £5. Hare Teimana, Te Eei Paehua, Aeekatera te Wera, And all Ngatiraukawa.
Enclosure 2 in No. 16. (Telegram.) [Translation.] Chapman, Solicitor (Te Hapimana, Eoia, Poneke). Cambridge, 12th October, 1880. Friend, —Go you to Bryce , (tell him) we will now pay the moneys of the Government which have been advanced on Patetere. Eeply Maihi te Noaeu, Parete te Morehu, Te Eei Paehua, Hare Teimana, Arekateea te Wera, And all Ngatiraukawa.
No. 17 [Translation.] Friend Mr. Beyce,— Cambridge, 14th November, 1880. Salutations to you and your colleagues. This is to ask you what your intentions are regarding the Patetere lands, which the Government had a lien upon, because I did not sell to you, the Government, but to private individuals ; and part of the money for my share is withheld on account of the money advanced by the Government. I ask you therefore to write to them stating that I did not sell to you, the Government, formerly, as I was too young. Do you therefore write to them, as there is no reason for the withholding a part of the amount due to me. Please reply From your loving friend, Eru Eakaupeka.
No. 18. (Telegram.) To Eichaed John Gill, Esq., Native Department, Auckland. Wanganui, 14th November, 1880. Instruct Percy Smith, re Patetere, that Government desires one or two blocks selected, which can be easily defined, of a quantity sufficient to cover its advances, regard being had to the value of neighbourhood. Land selected to be of good average quality, and in such a position that it can be defined by the Court. Please show or send a copy of this telegram to Ministers in Auckland. There. is no difficulty whatever about my promise, for I never promised to take Proclamation oft' till Government advances were repaid ; and it was always understood that advances could be paid either in money or land, at my option. When Government gets its advances back in land, in manner proposed, the Proclamation ipso facto will, be removed, and my promise to Natives kept. John Bryce.
No. 19. (Telegram.) To S. Percy Smith, Esq., Chief Surveyor, Ohinemutu (to be forwarded on, if left). Auckland, 26th November, 18S0. Hon. Native Minister requests you will be good enough, while at Eotorua, to visit Patetere, and select, in one or two blocks, which can be easily defined, land sufficient to cover the advances made by Government ten thousand seven hundred and thirty-two pounds (£10,732), regard being had to the neighbourhood. The land selected to be of good average quality, and in such a position that it can be defined by the Court. Bichd. John Gill.
No. 20. [Extract from Neto Zealand Gazette of 25th November, 1880.) Notifying that Application has been made to Native Land Court to determine the Interests of Her Majesty in certain Native Lands. Notice is hereby given that, in pursuance of the provisions of " The Native Land Act Amendment Act 1877," I have caused application to be made to the Native Land Court to ascertain and determine
7
G.—l3
what interest has been acquired by or on behalf of Her Majesty in the several blocks of land specified in the schedule hereto, and that such applications will be heard at the several times appointed or to be appointed by the Native Land Court for the investigation of the same, as set forth in the said schedule : And, further, that all land which, on any investigation, is declared by any order of the said Cotirt to be the property of Her Majesty, will, from the date of such order, be deemed to be absolutely vested in Her Majesty, her heirs and successors, for such estate or interest (if any) as in the said order is declared ■ and any land in respect of which any such application as aforesaid is heard and determined, and which is not declared by any such order to be the property of or to have been acquired by or on behalf of Her Majesty, will, from the date of such order, cease to be affected by any notification published under the provisions of " The Government Native Land Purchases Act, 1877," which notification in respect of such land will cease and be void, and the said land will be open for sale to the public, as far as authorized by Acts of the Q-eneral Assembly relating to Native lands.
SCHEDULE.
John Bryce, Native Minister.
No. 21. Sir — Native Office, Wellington, 29th November, 1880. I have the honor, by direction of the Hon. the Native Minister, to acknowledge the receipt of your letter of the 28th ultimo, having reference to the Patetere Block, Waikato District. In reply, I am directed by the Hon. the Native Minister to inform you that owing to his absence from Wellington your letter has remained unanswered until now, but that you will observe, from the
Name of Block. Area. Place at which Court will sit. Time of Hearing. Bawhitiroa Waitaha Tautehere Puhipuhi Horete No. 3 Te Poho No. 3 Te Onetai No. 2 Patetere Tapapa Oruantii Oumupapamare Te Matai Te Hangihangi .. Te Pokuru Te Hukui Tauhara Middle Taharua Mangatainoko Paeroa Berewhakaitu Pokohu Tuakau Mangatokerau Paparoa Tauwhareparae .. Tuakau No. 2 Tuakau Pirauau No. 1 Taitai Te Ngaere Papatipu Aorangiwai No. 1 Waha-o-te-marangai No. 1 Pukehou No. 4 Ngakaroro No. 1a Manawatu Kukutauakt No. 2a Ditto No. 2b Ditto No. 2c Ditto No. 2d Ditto No. 2e Kirikau Betaruke Mangaotuku Acres. 1,680 344 693 25,000 1,656 55 359 249,000 46,605 13,418 705 8,580 141 649 2,358 11,594 13,900 16,435 42,016 83,184 60,600 8,815 6,956 2,365 47,960 1,785 8,080 2,150 1,406 20,612 1,856 1,132 4,061 4,444 Hokianga .. 55 55 Whangarei Shortland 55 5, Cambridge Taupo At next sitting of Court. 25th January, 1881. 29th November, 1880.* # 5, * * 5, # # # # 55 At next sitting of Court. Bay of Plenty 55 55 55 Tolago Bay 55 55 55 55 55 55 5, 55 55 55 55 5, 55 55 55 55 55 OtaM 55 5, 55 55 55 J, 12,000 12,000 12,000 12,000 12,000 17,800 20,585 61,200 Foxton 55 55 55 55 55 ,5 55 55 Whanganui 55 55 5, Patea 55 5) * Notice given by Native Land Ci mrt in New Zealand Gazette, dated the 6th November, 1880.
G.—l3
8
notice published in the Gazette No. 111, of the 25th instant (folio 1684), that the request contained therein has been practically complied with. I have, &c, W. J Morpeth, Martin Chapman, Esq., Solicitor, Wellington. (for the Under-Secretary.)
No. 22. Sie, — Survey Office, Auckland, 20th December, 1880. I have the honor to inform you that in accordance with Mr. Gills' telegram of the 26th November, I left Eotorua on the 27th November, and rode all over the Patetere District with Mr. Cussen, arriving at Cambridge on the Ist December. I then obtained a very fair knowledge of the country, quite sufficient to enable me to make a selection out of the proclaimed block of two blocks of land to represent the value of the sums advanced by the Government towards the purchase. The Patetere Blocks within the Proclamation boundary, as now adopted and shown on accompanying tracing, may be described as an open undulating country of " downs," the soil of which varies much in quality in different localities, being nowhere first class, but generally second, and in some parts quite third class. In the whole of the 110,000 acres Ido not think there are more than 5,000 acres which could not be ploughed, the undulations being so gentle, whilst on Tokoroa and other places there are considerable plains quite level, and nearly always grassed, as indeed are all the valleys, the hills above being fern-clad. The most broken part is towards the south-east side, where the long flat ridges come down from the Patetere plateau, being divided from one another by level open grassy valleys, usually with water in them, and up which it is easy to ride or indeed sometimes drive. These valleys will form excellent lines of road leading from the plateau to the downs, but they will be exceedingly difficult to cross, on account of the cliffs which line their sides as they approach the plateau; they are in fact " canons," the perpendicular cliffs being formed of volcanic tufa, which seems to be the bed rock of the whole country The soil is more or less composed of pumice and vegetable matter, the former predominating in Tokaroa to such an extent as to make the soil quite wbite and barren-looking, though there are here and there parts which are of a superior quality The soil of the northern group of blocks is much superior, and is the best I saw, though even here it is very light and poor-looking. These blocks will take grass however, especially in the damp valleys, where the clover is spreading everywhere, with some other grasses. The yellow hawk weed, or dandelion, has quite taken possession of the country The native grass is the common wi, or yellow tussock, useless for anything. The great drawback to the Patetere downs for settlement purposes is the want of wood. There is not a single tree anywhere on the proclaimed block, the nearest being the Waotu forest, in the hands of the Natives, on the west side, and the Patetere plateau on the east side, which will probably soon be in the hands of Europeans. It is from one of these two places that all fencing, firewood, and building materials must come, though, perhaps, settlers on Tokaroa could supply themselves from Maungaiti to the south at five miles distance. The Waotu forest contains the best totara and matai timber that I know of in this province. On this account I value the land on which it stands at from £5 to £50 per acre. The Natives have here a source of revenue which will, with care, enable them to live in comfort and ease for many years. From the above description it will be gathered that Patetere is not suited for agricultural purposes, but that it is adapted for pastoral pursuits. I believe, indeed, that the value of the country has been over-rated, at all events for small settlers; holdings of from 1,000 to 5,000 acres would, I think, be the sizes most suitable for the country My instructions are to select land for the Government of a fair average quality I consider this will be achieved by Government taking the Huihuitaha and Pokaiwhenua Blocks, containing 11,425 acres and 14,365'5 acres, out of Tokaroa ; the two first-named being two of the best blocks, and the latter one of the worst blocks. Assuming the cost of acquiring the lands as follows, we shall have— Huihuitaha and Pokaiwhenua, 11,425 acres, at 12s. 6d. per acre .. £7,140 12 6 Tokaroa, 14,365'5 acres, at ss. per acre .. 3,591 7 6 Amount of Government advances £10,732 0 0 In addition, there is a sum of £250 due to the Government for the survey of Tokaroa, on behalf of the Native owners. This I would also recommend should also be taken out in land, giving the Government an estate of 26,790 acres for settlement. I have indicated on the tracing the course of main roads made and proposed. It will be seen that the Cambridge to Napier Eoad will pass through both blocks, and that another main road from the King country (Upper Mokau) must in all probability pass through the Tokoroa Block, and thence on to Eotorua. This junction will be an important site for a township, and this falls within the land proposed to be taken. I would also venture to predict that the future line of railway from Wellington to Auckland will probably pass the same spot. I have, &c., S. Peecy Smith, The Surveyor-General, Wellington. Chief Surveyor.
No. 23. To His Excellency Sir A. Gordon, KG.C.M.G. Sie,— The following resolution was passed at a public meeting held at Te Awamutu on the evening of Saturday, the 4th instant :— Resolved, That a respectful address be drawn up and forwarded to His Excellency the Governor, showing that the action of the Government in withdrawing the Proclamation over all Native lands, and
9
G
13
more especially the Patetere Block, before the meeting of Parliament, is detrimental to the progress and interests of the colony We, the undersigned, having been appointed a committee to give effect to the same, beg to point out to your Excellency that the Native lauds from which the Proclamation is about to be withdrawn have already been partly purchased by previous Governments, and that the withdrawal of the Proclamation will be throwing the lands into the hands of speculators, to whom farmers who may wish to purchase will have to pay an exhorbitant price. With regard to the Patetere Block we beg more especially to draw your Excellency's attention. This is a block of some 300,000 acres, in forwarding the purchase of which the Government have expended about £14,000, and during the whole time previous Governments were negotiating with the Natives for the purchase of the said block they were obstructed by certain Europeans intriguing for the purchase of the land on their own account, notwithstanding they had bsen cautioned by a late Ministry to desist. As those most prominent in the purchase of this land are members of the House of fiepresentatives, and they having obtained a prior claim over it by the acquiescence of the Ministry, your memorialists therefore beg that you will retain tho Proclamation over said lands until after the meeting of Parliament, to allow an opportunity of investigation. We are also of opinion that the removal of the Proclamation will deprive the colony of a large revenue. Hoping your Excellency will give the matter due consideration, We have, &e., J Cunnin&ham, Chairman of Meeting. H. Eoche, Member of Waiapu County Council. E. Eosanko, Settler. Te Awamutu, Waikato, Bth December, 1880.
No. 24. Sie, — Kawau, Bth December, 1880. I have the honor to request that you will be pleased to present the accompanying memorial to the Governor, together with the covering letter, which I have addressed to His Excellency The memorial is signed by Mr. James McGowan, on behalf of a public meeting held at Grahamstown on the 15th November last. I have, &c, The Hon. the Colonial Secretary, &c, Wellington. G. Grey.
Enclosure in No. 24. Sir, — Kawau, Bth December, 1880. I have the honor to transmit to your Excellency a memorial forwarded to me by Mr. James McGowan, on behalf of a public meeting of my constituents held at Grahamstown on the 15th November last. 111-health prevents me from presenting this memorial personally to your Excellency I therefore send it on through the Colonial Secretary in the usual course. It relates to a block of land called the Patetere Block, in regard to which a Proclamation was issued by the Governor notifying that money had been paid by the Crown for its purchase or acquisition. The effect of that Proclamation was as against all persons other than the aboriginal owners or occupiers of such land, equivalent to a notice that the Native title over the said land had been extinguished, and to make it unlawful for any other person to purchase or acquire from the Native owners any right, title, estate, or interest in any such land, or in any part thereof, or in any manner to contract for any such purchase or acquisition. The prayer of the memorial is that your Excellency will be pleased to maintain that Proclamation in force until after the next meeting of Parliament. I believe that it is generally felt that the removal of the Proclamation from the block during the recess would be a great misfortune to the country, for then it is thought, owing to circumstances which have taken place, that a vast block of land of great value would probably fall into the hands of private persons, whilst the rest of" the inhabitants of New Zealand, who have obeyed the law by not attempting to purchase this land whilst a Proclamation was over it, would suffer great injustice. The Natives would also suffer a serious wrong from not having had an opportunity of selling their land in the open market. In conclusion, I would venture to add that the falling of this block of land into the hands of a few private persons will greatly impede the settlement of the country on principles which take into consideration the interests and rights of tho whole of the Queen's subjects. I have, &c, His Excellency the Governor of New Zealand, &c. G. Grey.
Sub-Enclosure to Enclosure in No. 24. To His Excellency Sir Aethur H. Gordon, GC.M.G., D.C.L., Governor of tho Colony of New Zealand and its Dependencies. The memorial of the undersigned, delegated in that behalf by a public meeting held at Thames on the 15th day of November, 1880, showeth, — That certain lands in the Provincial District of Auckland, known as the Patetere Block or Blocks, containing 320,000 acres or thereabouts, have been negotiated for by the Government of New Zealand, and about £14,000 paid thereon. That certain private parties have also advanced large sums, contrary to law, towards the acquisition of the said block, while the same was under Proclamation. That it is 2— G. 13.
G.—l3
10
contemplated by the Government to remove the Proclamation from the lands in question during the month of February, 1881. The prayer of tins memorial therefore is that your Excellency will be pleased to maintain the Proclamation in force until after the meeting of Parliament, in conformity with the following resolutions passed at the aforesaid public meeting, held at Thames : —■ "1. That a respectful address be presented to the Governor, praying him to maintain the Proclamation over the Patetere Block until after the meeting of Parliament. " 2. That the following gentleman, namely, Messrs. McGowan, McCullough, and Dr. Kilgour, be a committee to draw up the memorial to His Excellency the Governor, and that Sir George Grey, the senior member for the Thames, be requested to present the same." James McGowan, ~\ "William McCrLLOtran, > Committee. James Kilgottr, )
No. 25. Sie, — Colonial Secretary's Office, Wellington, 7th January, 1881. I have the honor to acknowledge the receipt of your letter of the Bth ultimo, covering a memorial to the Governor from Messrs. James McGowan, William McCullough, and James Kilgour, on behalf of a public meeting held at Grahamstown, praying His Excellency to maintain the Proclamation over the Patetere Block until after the meeting of Parliament. In reply, I have to inform you that the memorial in question, together with your letter of the Bth November covering it, has been presented to His Excellency, in accordance with your request. I have, &c, Sir George Grey, K.C.8.,M.H.E., Kawau, Auckland, Thomas Dick.
No. 26. 21st January, 1881. I have to acknowledge the receipt of your report No. lff, dated the 20th December, 1880, on the lands in Patetere District, and have to say that it has been perused by members of the Government with much interest. I have now to say that Mr. Gill notes that the Native Land Court will sit at Cambridge on the Bth February, when the interest of the Crown in the Patetere Blocks will be determined. Tou are therefore requested to see that land to the value of the survey, in addition to land to the value of the money advanced by way of purchase, be secured to the Government. James McKereow, S. Percy Smith, Esq., Chief Surveyor, Auckland. Surveyor-General.
No. 27 Sir,— Wellington, 29th January, 1881. I have the honor to address you on behalf of certain of the Native owners of the block of land called Patetere. In the Gazette of the 25th November last appeared a notification concerning this block to which I beg to refer you. I also beg leave to refer you to " The Government Native Land Purchases Act, 1877," " The Amendment Act, 1878," and " The Native Land Act, 1877 " It will be seen that the above-mentioned notice purports to be issued under the last-mentioned Act, and not, as I submit it should, under all the above Acts. I would submit that the notice was insufficient. This is the opinion, I believe, of several eminent lawyers —Mr. Stout, Mr. Eichmond, and the Hon. J N Wilson. I would submit, further, that there are two courses open to the Government in issuing notifications. First. Issuing a notification of the intention of the Government to relinquish negotiations, this notification being in such a form as to take effect at the expiration of two months certain from the date of the appearance of the notification in the Gazette. Second. Issuing a notification that the Crown has ceased to have any interest in the land ; thus at once determining its interest without the necessity of allowing two months to elapse. The notification in the Gazette does not follow either course. It is two late now to issue a notification of relinquishment, as the Native Land Court will meet on the Bth February It is also clearly impossible for the Crown to intimate that it has ceased to have any interest until the Court has heard the claim of the Crown and determined its interest. It is feared in this state of affairs that the sitting of the Court will be a failure, as many Natives will probably refuse to cede land to the Crown if the remainder of the block is still to remain for two months longer under Proclamation ; moreover, the Europeans will naturally shrink from risking the payment of £30,000 or £40,000 upon transactions not legal. I would suggest to you, however, a plain and simple way out of the difficulty —namely, if the Government, upon its claim on the land being settled by the Native Land Court, will forthwith issue a new notification to the effect that the Crown's interest has ceased over the remainder of the block, the whole matter can then be closed. I may also be allowed to submit that any new notifications should purport to be under all the above Acts, and should be signed by the Governor, or by a Minister on his behalf. I have therefore the honor to request that you will inform me whether, on the claims of the Crown to lands in the above block being settled in the Native Land Court, the Government will forthwith issue a notification to the effect that the Crown has ceased to have any interest in the remainder of the block.
11
G.—l3
I believe over one thousand Natives will be in attendance at Cambridge for the sitting of the Court, and it will be manifestly impossible to keep them there two months, and equally impossible again to collect them.
If I appear unduly to press the matter, I would beg you to excuse me, on the ground of the magnitude of the interests involved. I have, &c, The Hon. the Native Minister. Martin Chapman
No. 28. Sir,— Wellington, sth February, 1881. I have the honor to acknowledge the receipt of your letter of the 29th ultimo on behalf of certain Native owners of the block of land called Patetere, in which you raise certain questions as to the sufficiency of the notice issued by the Government in the Gazette of the 6th November last affecting that block of land, and request me to state, " Whether, on the claims of the Crown to the lands in the above block being settled in the Native Land Court, the Government will forthwith issue a notification to the effect that the Crown has ceased to have any interest in the remainder of the block." In reply, I have to state that, as the Government is advised, the notification already issued is sufficient for the purpose of your clients, and that there is no necessity for the Crown to issue any notification as to the ceasing of its interest, as the order of the Native Land Court will virtually settle the question. With regard to the request contained in the latter part of your letter, I have to state that, while it would not appear that there is prima facie any reason why your request should not be acceded to, the Crown cannot now pledge itself as to what further action it may deem it advisable to take after the Court has issued its order. I have, &c, Martin Chapman, Esq., Solicitor, Wellington. W Eolleston.
No. 29. (Telegram.) [Translation.] The Hon. Native Minister, Wellington. Cambridge, sth February, 1881. We have heard that the agreement entered into by the Government, by which the Proclamation over Patetere was to be annulled, has not been confirmed (will not have full authority) This is to ask you whether that report is true or false, because we have faithfully agreed that a portion of our lands should be ceded to you. Tieme Erana, Te Eei Paehua, (for all Ngatiraukawa.)
No. 30. (Telegram.) To Eei Paehua and Others. 7th February, 1881. Tour telegram has been received. The Government will not go back from that which they said they would do in the notice which appears in the Gazette of the 25th November last. W Eolleston
No. 31. Sir, — Colonial Secretary's Office, Wellington, 9th February, 1881. Adverting to my letter of the 7th ultimo, in which I had the honor to inform you that your letter of the Bth of December last, with the accompanying memorial, signed by Messrs. McGowan, McCulloch, and Kilgour, on behalf of a public meeting held at Grahamstown on the 15th November last, had been laid before the Governor, I have now to inform you that His Excellency has referred the memorial to his Eesponsible Advisers, by whose advice he has directed that the following reply should be sent through you to the memorialists : It is the declared policy of the present Ministry to withdraw, as far as possible, from the purchase by the Government of lands owned by aboriginal natives; and, in pursuance of that policy, they consider it inexpedient to proceed with the negotiations which had been commenced for the purchase of the Patetere and many other blocks of such Native land. A notice was accordingly published early in November last, in the Gazette and in several newspapers, that application would be made to the Native Land Court to assign to the Crown an area of land proportionate to the advances of money which have been made by the Government, and that, on this being done, it would be open to the Natives to dispose of the remainder of the blocks, in the manner authorized by law, to any person whom they may choose. This notice was given more than two months ago, and there can be no ground for assuming that the general public is unaware of the period at which the Patetere Block will be free from existing restrictions. His Excellency's advisers have no doubt that, in adopting the course above indicated, they have acted in the true interests of the whole of the Queen's subjects in New Zealand. I. have, &c, Sir George Grey, K.C.8., M.H.E., Kawau, Auckland. Thomas Dick.
No. 32. (Telegram.) [Translation.] To the Minister of Native Affairs, Wellington. Cambridge, 15th February, 1881. Your telegram with reference to Patetere has been received. It is well. Let us know quickly, as we have been put to much inconvenience owing to the arrangements not being carried out. Eeply* Parete te Kirituku
a—l3.
12
No. 33. (Telegram.) [Translation ] To the Premier of the Government, New Zealand. Cambridge, 19th February, 1881. Mr. Bryce's decision with respect to the claims of the Government to Patetere was that they should be settled by money payment. Tou say they should be paid in land. We have offered Mr. Gill 22,000 acres of good land, and he has refused our offer. We have attended five Courts, and have been put to great expense thereby Now all the land will go to procure food. We are attending this Court, awaiting the carrying out of Mr. Bryce's word. If you will not take land, take money to-day, so that we should no longer be bound by Mr. Bryce's arrangements. If one of the Ministers had been here this difficulty would long ago have been settled. Mr. Bryce told us that he would come, and we are therefore disappointed at there being no Minister here. Please reply to this telegram to-day Hare Teimana and Others.
No. 34. Sir,— Kawau, 23rd February, 1881. I had the honor of receiving, late yesterday, your letter dated the 9th instant, which bears the office-mark of the 14th instant, and the Auckland post-mark of the 21st instant. That letter is in answer to my letter to the Governor of the Bth December last. I regret to state that I do not think, from the terms of your letter of the 9th instant, that you have accurately stated to His Excellency the circumstances connected with the abandonment of the purchase of the Patetere Block of land by the Government. Upon the 19th June, 1870, Mr. F Whitaker and certain gentlemen waited upon Mr. Sheehan, the late Native Minister, regarding the purchase of the Patetere Block from the Natives. The block was then under a Proclamation, which, in order to protect the rights of the public, prohibited any of the Queen's subjects from negotiating for its purchase ; and Mr. Sheehan, in reference to the proceedings of the gentlemen represented by Mr. F Whitaker, as their legal agent, I presume, and who were continuing to negotiate for the land, stated as follows : " Most of the payments made by Europeans concerned had been made since our Proclamation was issued, and are consequently illegal. In several instances the survey, or the surveys, have been made without authority, and practically by stealth. For this Moore and liay are only to blame. " If it be decided not to accept (the proposals made), then it must be borne in mind that the parties are very powerful, and are well supplied with funds, and will make as hard, a fight as possible, trusting to the chance perhaps of a change of Government, and to altering the existing land laws; nevertheless, if my hands are strengthened by the decision of the Cabinet, we can beat them. Many of the people are anxious to deal with us. We have paid considerable sums of money on the land. By appointing some competent person for the sole purpose of residing in the district and conducting the negotiations, I think we could pull them through." The then Government replied to Mr. Sheehan, the Native Minister, as follows : — " Wellington, 20th June, 1879. "We have considered your telegrams regarding blocks of land on the east bank of Waikato. We think the proper course is to point out to applicants the illegality of the course they have pursued, the impropriety of their surveys made by stealth, all which things you have so ably pointed out iu your confidential telegram; aud then inform them that for these and other reasons it is impossible for us to entertain proposals. " G. Grey " Shortly after this the late Government was put out, and the present: Government installed in office. T now turn to your letter of the 9th instant. In it you state: "It is the declared policy of the present Ministry to withdraw as far as possible, from the purchase by the Government of lands owned by aboriginal natives, and in pursuance of that policy they consider it inexpedient to proceed with the negotiations which had been commenced for the purchase of the Patetere and many other blocks of such Native land. A notice was accordingly published early in November last in the Gazette and in several newspapers that application would be made to the Native Laud Court to assign to the Crown an area of land proportionate to the advances of money which have been made by the Government, and that, on this being done, it would be open to the Natives to dispose of the remainder of tho blocks in the manner authorized by law, to any person whom they may choose. This notice was given more than two months ago, and there can be no ground for assuming that the general public is unaware of the period at which the Patetere Block will be free from existing restrictions. His Excellency's advisers have no doubt that in adopting the course above indicated they have acted in the true interests of the whole of the Queen's subjects in New Zealand." Upon this I would observe that, upon the 9th of January, 1880, Mr. Sheehan wrote to the Native Minister that he had agreed with certain Europeans concerned to undertake the completion of their outstanding negotiations for the land, provided in doing this he should not be called upon to do anything contrary to the declared policy of the Government in regard to those lauds. (There is here no mention of not doing anything contrary to law.) To this application the Native Minister replied on the 12th January 1880: " I think I may say, without any breach of the understanding, that should means be devised for completely securing a refund, or other equivalent, of the expenditure already incurred, the anxiety of the Government to proceed with the purchase would not be great." This information was given privately to certain of the Queen's subjects. It amounted to a permission to go on with negotiations for the purchase of the laud. It was addressed virtually to some persons who had already injured the public interests and embarrassed the Government by proceedings which the late Minister had reported as, in his opinion, illegal; and I believe there can be no doubt they were so. All the Queen's subjects ought, in June, 1880, to have been placed in possession of the same information, and none of them should have been allowed to acquire a vast property to the detriment of. those who were obeying the law
13
G.— l3
I feel sure that every impartial person who reads the correspondence in relation to the Patetere Block, published in the Parliamentary Papers, will admit that throughout the early months of 1880 the Government consented to the gentlemen alluded to by Mr. Bhechan continuing their negotiations for the purchase of that block. Nay, that in reference to surveys and other particulars, they, at least indirectly, aided them in so doing, thereby giving them an unfair advantage over their fellow-subjects; and that no notice issued in the month of November, 1880, could retrieve the injustice so done, or neutralize the unfair advantage so given. If the conduct of the gentlemen alluded to by Mr. Sheehan was illegal in 1878 and 1879, it must have been equally so in 1880. I beg still to add that I was, in ti\j belief, entitled to an answer to my letter of the Bth December at an earlier date than the middle of February Tour reply did not reach me until the Land Court was sitting on the Patetere question, and auy proceedings on my part, and ou the part of those who think with me, were out of the question. I have, &c, The Hon. the Colonial Secretary, &c, Wellington. G Grey. P.S.-—ln further illustration of my remarks on the illegality of these proceedings, would you permit me to refer you to Mr Sheehan's very frank avowal in his telegram of the 7th May, 1880: — " Further, and perhaps the most important of all, we cannot trade with the Natives, or pay moneys, or obtain signatures, as such would bo illegal, and would not be made good by subsequent removal of Proclamation."—G. G.
No. 35 Re the Crown's Claim on Patetere. Sir, — Cambridge, Waikato, 7th March, 1881. It is unnecessary to inform you of the present position of this case. The only question now outstanding is the settlement of what is to be done in respect of the thousand acres of Huihuitaha, which, as you are aware, has been cut off to meet the claims of non-settlers and objectors. Tour wish has been to obtain a similar acreage in the Mangakaretu Block, and, acting on behalf of the Crown, I have done my very utmost to carry this idea into effect. After careful inquiry I have come to the conclusion that any attempt to take land out of Mangakaretu Block will be attended with the very greatest difficulty, if indeed it does not lead to a positive deadlock, and a reopening of questions which we now regard as settled. Under the circumstances I feel bound to advise you that it would be unwise on the part of the Crown to insist upon their demand. Some consideration is due to the Native people, the bulk of whom have behaved, as you are aware, loyally and honorably I think it is quite possible that a sufficient area to meet the remainder of the Crown's claim can be obtained without difficulty in the Tokoroa Block, and I earnestly recommend the adoption of that course. E. J Gill, Esq., I have, &c, Under-Secretary, Native Land Purchase Office. John Sheehan.
No. 36. (Telegram.) The Hon. W Eolleston, Wellington. Cambridge, 7th March, 1881. Memorandum.—Complications unlooked for arose this morning in settlement of land to be taken. I found it impossible to get the one thousand acres cut from Huihuitaha and Pokaiwhenua out of the Mangakaretu Block without bringing on a long discussion in Court, and probably disturbing all past arrangements. I therefore agreed to take a further area out of the Tokoroa Block, two thousand five hundred acreas, in lieu of the area, one thousand acres, in the first-named blocks. The Court's order will therefore be worded to give the Crown all the land in Huihuitaha and Pokaiwhenua Blocks, except one thousand acres, together with seventeen thousand eight hundred and sixty-five acres out of the Tokoroa Block, in all twenty-eight thousand two hundred and sixty acres. This I have formally agreed to accept in satisfaction of the Government claim. All that is now required is that Mr. Fenton should send the form of order to be used. This, when signed, will complete the business. This afternoon I arrange the position of the one thousand acres to be cut out of the blocks. I purpose leaving Auckland for Wellington on Thursday Bichd. John Gill.
No. 37 District of Waikato, Provincial District of Auckland.—Pokaiwhenua and Huihuitaha. At a sitting of the Native Land Court of New Zealand, held at Cambridge, in the said district, on the Bth day of March, 1881, before John Jermyn Symonds, Esq., Judge, and Hori Riiwhi, Assessor Ex parte, the Native Minister, on behalf of Her Majesty WnEREAS in pursuance of " The Native Land Act Amendment Act, 1877," the Honorable John Bryce, the Native Minister of the Colony of New Zealand, on the 9th day of November, 1880, caused application to be made to the Native Land Court to ascertain and determine what interest in the piece of land called Patetere, in the District of Waikato, had been acquired by or on behalf of Her said Majesty Now, upon hearing the agent of the applicant and others, and upon evidence taken, it appears to the Court that Her Majesty has acquired an absolute estate of inheritance in the piece of land described and delineated on the back hereof, parcel of the said block ; and the Court doth hereby declare that the same is the property of Her Majesty As witness the hand of John Jermyn Symonds, Esquire, Judge, and the seal of the Court, the eighth day of March, one thousand eight hundred and eighty-one. John Jermyn Symonds. (1.5.)
G.—l3
14
Enclosure in No. 37 All that piece or parcel of land containing by admeasurement 10,395 acres, more or less, being a portion of those two blocks called respectively Pokaiwhenua and Huihuitaha. Bounded by a line commencing at a point on the Waikato Eiver 4 chains south of the Huihuitaha waterfall, and running along the south-western boundary of the Waipa Block, 38 chains 61 links ; thence in a north-easterly direction following the south-east boundary of the aforesaid Waipa Block to the Waipa Stream, 108 chains 86 links; thence following the course of the Waipa Stream for 120 chains ; thence by a line in a north-easterly direction along the boundary of a Native block of 500 acres 67 chains 50 links ; thence in a north-westerly direction to the eastern boundary of the Waipa Block, 95 chains; thence following the eastern boundary of the Waipa Block iu a northerly direction, 26 chains 20 links ; thence continuing in a northerly direction to the Pokaiwhenua Eiver, 74 chains 97 links; thence following the Pokaiwhenua Eiver in an easterly direction to a point called Tutemaahurangi; thence by a line in a south-westerly direction, 5 chains 70 links; thence by a line in a southerly direction, 32 chains 81 links; thence by a line in a north-easterly direction, 54 chains 53 links; thence continuing south-easterly, 5 chains 70 links; thence continuing south-easterly to the Pokaiwhenua Eiver, 42 chains 62 links ; thence by the Pokaiwhenua Eiver in a southerly direction to a point known as Eotopotaka; thence by lines in a westerly direction, respectively 65 chains 75 links, 118 chains 73 links, and 95 chains 84 links, to the Waipa Stream ; thenc3 in a northerly direction along the Waipa Stream to Ngawaipuharua; thence in a westerly direction along the boundary of a block of Native land containing 500 acres, 75 chains ; thence in a southerly direction by a line, 56 chains; thence by lines in a westerly direction, respectively 57 chains 41 links and 96 chains 41 links, to the Waikato Eiver ; thence following the course of the Waikato Eiver in a north-easterly direction to the point of commencement: as shown on the plan drawn hereunder, and bordered with pink.
No. 38. District of Waikato, Provincial District of Auckland.—Tokoroa, At a sitting of the Native Land Court of New Zealand, held at Cambridge, in the said district, on the Bth day of March, 1881, before John Jermyn Symonds, Esq., Judge, and Hori Eiiwhi, Assessor. Px parte the Native Minister, on behalf of Her Majesty WnEREAS, in pursuance of " The Native Land Act Amendment Act, 1877," the Honorable John Bryce, the Native Minister of the Colony of New Zealand, on the 9th day of November, 1880, caused application to be made to the Native Land Court to ascertain and determine what interest in the piece of land called Patetere, in the District of Waikato, had been acquired by or on behalf of her said Majesty: Now, upon hearing the agent of the applicant and others, and upon evidence taken, it appears to the Court that Her Majesty has acquired an absolute estate of inheritance in the piece of land described and delineated on the back hereof, parcel of the said block; and the Court doth hereby declare that the same is the property of Her Majesty As witness the hand of John Jermyn Symonds, Esq , Judge, and the seal of the Court, the eighth day of March, one thousand eight hundred and eighty-one. John Jermyn Symonds. (1.5.)
Enclosure in No. 38. All that piece or parcel of land containing by admeasurement 17,865 acres, more or less, being a portion of that block of land called or known as the Tokoroa Block. Bounded by a line commencing at a point called Pukerimu, on the southern boundary of the Tokoroa Block; thence in a north-easterly direction towards Takapou, 153 chains; thence in a due westerly direction, 788 chains; thence ina south-westerly direction, 260 chains 50 links; thence to a trig, station called Ngapukehurua, 91 chains 50 links ; thence in an easterly direction to a trig, station, No. 807, called Uraura, 472 chains 98 links ; thence continuing in an easterly direction to the point of commencement, 360 chains 91 links: as the same is more particularly delineated on Map 4917 in the Survey Office, Auckland, and as shown on the plan drawn hereunder, and bordered pink.
No. 39 [Extract from New Zealand Gazette of 10th March, 1881.] Notification that Her Majesty has ceased to have any Interest in a Portion of certain Native Lands knoivn as Patetere. Arthur H. Gordon, Governor In pursuance of the provisions of "The Government Native Land Purchases Act, 1877," and "The Government Native Land Purchases Act Amendment Act, 1878," it is hereby notified that, except as specified in the Schedule hereto, Her Majesty has ceased to have any interest in all that piece or parcel of land known by the name of Patetere, as the same is described in the Schedule to a notification under the hand of His Excellency the then Governor of New Zealand, dated the eighteenth day of April, one thousand eight hundred and seventy-eight, and published in the New Zealand Gazette of the twentyfifth day of April, one thousand eight hundred and seventy-eight, and as the same is described in the Schedule hereto; and further that the said piece or parcel of land has ceased to be subject to the provisions of the said Acts.
G.—l3
15
SCHEDULE. All that piece or parcel of land situate in the District of Waikato, iu the Provincial District of Auckland, called or known by the name of Patetere, containing by estimation 300,000 acres or thereabouts, bounded as follows: Commencing on the eastern bank of the Eiver Waikato at the junction of the Huihuitaha Stream; thence by the southern boundaries of the Waipa and Okoroire Blocks to the Eiver Waihou or Thames ; thence by that river to a point opposite to the Tapapa Settlement; thence by a straight Hue to Te Whakatutu ; thence by the boundary of the block reserved at the Native settlement at Te Whetu ; and thence following the edge of the Patetere Forest to Painuiorehua ; thence by a straight line to the source of the Mangaharakeke Stream ; thence by that stream to its junction with the Eiver Waikato ; thence by that river to the point of commencement: except such parts of the said piece or parcel of land as are defined or described by two several orders .of the Native Land Court, each dated the eighth day of March, one thousand eight hundred and eighty-one, by which orders it was declared that the said excepted pieces or parcels of land are the property of Her Majesty As witness the hand of His Excellency the Governor, this ninth day of March, one thousand eight hundred and eighty-one. Wm. Eolleston.
No. 40. Sir, — Colonial Secretary's Office, Wellington, 17th March, 1881. I have the honor to acknowledge the receipt of your letter of the 23rd of February, received in this office on the 11th instant, in reply to mine of the 9th ultimo upon the subject of the memorial from three gentlemen at the Thames to His Excellency the Governor in reference to the matter of the land known as the Patetere Block. Adverting to the subject of the delay in answering your first letter of the Bth December, I do myself the honor to offer you the following explanation: — Tour letter dated the Bth reached this department on the 20th December, having occupied twelve days in transit. It was laid before the Governor, with other papers bearing on the subject which had to be got together for His Excellency's information, on the 3rd January; returned by His Excellency to Ministers on the sth, and its receipt duly acknowledged to you on the 7th. On that day, the 7th January, His Excellency left Wellington for Auckland, returning to the seat of Government on the 3rd February On the 7th February Ministers forwarded a memorandum to His Excellency, and on the 9th the reply to your letter was written. That letter, however, though dated the 9th, was not signed till two or three days later, as it had to be rewritten, and the date was inadvertently not altered as probably it ought to have been. The letter thus missed the mail which left Wellington on the 11th, and there was not another opportunity by which it could be despatched until the 17th. I trust the above explanation will show you that the delay in replying to your first letter was accidental and not unreasonable; and that you will accept my assurance that the Government had not the smallest intention of delaying matters until the Land Court was sitting on the Patetere case, and thus of rendering any proceedings on your part, and on the part of others who think with you, out of the question. I have, &c, Sir G. Grey, K.C.8., M.H.E., Kawau, Auckland. Thomas Dick.
No. 41 Sir,— 7th June, 1881. I have the honor to acknowledge the receipt of your letter of the 27th instant (sic) explaining the causes of delay which prevented a reply to my letter of the Bth December last being made at an earlier date. In thanking you for the trouble you have thus taken, I venture at the same time to state that, if any official causes led to the consequences to which you allude, I think that some steps should have been taken by the Government to delay the final closing of the transaction. This would have afforded time to the very many persons who were shocked at what was being done in this matter, to take proceedings to prevent the accomplishment of an act which they believe was in breach of the rights of the Queen's subjects and most prejudicial to their interests. I will state the grounds on which this conclusion has been arrived at. Two races of men are now in contact here: the one, highly civilized and comparatively numerous; the other, not yet fully reclaimed from barbarism, few in number, but owners of large tracts of fertile lands. The civilized race, following the example set by all other civilized nations who have been similarly circumstanced, endeavoured to provide by enactment that the lands of the least numerous race shall be disposed of in such manner as shall be for the common good of all. This they also do partly for the preservation of that race which is least civilized: to preserve them from being made drunkards by speculators who desire to get possession of their lands, and to protect them from other cognate evils. It is also done in great part to protect the interests of the civilized race; for it is clearly just that such a thing as land, so precious to the entire nation, the origin of all wealth, the sustainer of life, should be acquired, dealt with, and held in a manner which is for the general advantage. This is the more necessary because land is also a main source of political power, for it makes those who own it —especially if held in vast quantities—the absolute disposers of the destinies of those who do not own land. The Legislature of New Zealand therefore provided by law that the Government might purchase tracts of land from the Natives, which, when purchased with the money of the general public, became
G.—l3
16
the property of all, to be disposed of under regulations which wore to give to each individual an equal and fair right of acquiring it in such portions, and to be held on such terms, and in such manner as the Legislature might direct. Still further, to protect the common interest it is provided by law that when the Government is engaged in purchasing a block of land it may issue a Proclamation notifying this fact, and that thereupon it shall not be lawful for any other person to purchase or acquire from the Native owners any right, title, estate, or interest in any such lands, or any part thereof, or in any manner to contract for any such purchase or acquisition. Those who break this law in truth rob the public Treasury of the large sum of money which this laud would have yielded on its resale. They thus entail increased taxation on their fellow-countrymen. They also rob their fellow-citizens of that which is of the utmost value to them. And it is not an ordinary robbery, in which case, by a breach of the law, property is taken from one individual by another, but in this case the whole public is robbed, and land, the source of wealth and political power, is unfairly and unwisely distributed. An injury is thus inflicted on the whole nation, which lasts for generations. Those who have obeyed the law and thought of the common good are, together with their descendants, punished for the benefit of those who are law-breakers for their own selfish ends. To strengthen the hands of the Government a further power was given. It was authorized by statute to relinquish negotiations for the purchase of any Native lands, and to publish a notification to that effect in the Government Gazette ; and the law goes on to state that such Native land shall then be exempt from tho effect of the first Proclamation after the expiration of two months from the date of the publication of the Gazette containing the notification of the withdrawal of the Government from negotiating for its purchase; this part of the law justly providing that, when the land was again opened for direct private purchase by any person from the Natives, the whole country should have full notice of this fact, and that no one should possess any advantage over his fellow-citizens in reference to the purchase of such lands. Such is the existing state of the law Now, what did the Government do in the matter of the Patetere Block? It knew that the previous Government had engaged in the purchase of that block of land from the Natives ; that it had paid considerable sums of money upon it; and that it had issued the Proclamation in the terms of the law, which rendered it unlawful for any other person or persons in any manner to contract for the purchase of any right, title, estate, or interest in such lands. The present Government further knew that the previous Native Minister had reported that certain Europeans had, notwithstanding this, in defiance of the law, carried on negotiations with the Natives for the purchase of those lands. That the fact of their doing this and competing with the Government had been, and would continue to be, the means of raising the price of the land which the Government was seeking to acquire for the public at large, Native as well as European, besides protracting the period of its purchase indefinitely The present Government also knew, from the same report, that the gentlemen who were acting in this manner had made most of their payments to the Natives on this block of land since the Proclamation was issued, which were consequently illegal; and that in several instances their survey or surveys had been made without authority, and practically by stealth. The present Government further knew that its predecessors had plainly and positively refused to countenance or recognize a transaction unlawful in itself, and resting on surveys which it was informed had been made by stealth. It was also evidently unjust to the many who were obeying the law that the few who were breaking it should be allowed to realize a vast property by illegal acts. But, worst of all, on this point it seemed wrong in the extreme that tbe Government should join in trampling the laws of the country under foot, by showing any persons, however powerful and wealthy they might be, that the Government would aid them in acquiring property and wealth as a consequence of illegal acts. Tet it appeared that such would be case if the Government gave its assistance in this instance, for the same Native Minister, as you are aware, had reported to the previous Government that it should be borne in mind, if it did not accept the proposals of those who were engaged in the purchase of the Patetere Block by means which he regarded as unlawful, that the parties were very powerful and well supplied with funds, and would make as hard a fight as possible, trusting to the chance, perhaps, of a change of Government and to altering (sic) in the existing land laws. There ought not, in the administration of the law, to be any question of powerful or weak, rich or poor. Unhappy, indeed, is that country in which it may be considered necessary that its statesmen are to inquire into and bear in mind such points in dealing with the most valuable rights common to all. Notwithstanding the circumstances I have stated, the present Government entered into a correspondence, which, with all respect, I believe is almost unparalleled, with those who were engaged in the negotiations for the purchase of the proclaimed block of land from the Natives. In this correspondence it privately gave them information as to the terms on which it would be disposed to allow the purchase to be completed by private persons ; and whilst it allowed the Proclamation to remain over the block, which rendered it unlawful to acquire any right, title, or interest in it, the Government aided them in several ways in acquiring the land. The present Government had a distinct statement made to it by the law agent of the purchasers that they were using every means in their power to acquire the whole block from the Natives, and at the same time he also told the Government: "We cannot trade with the Natives, or pay moneys, or obtain signatures, as such would be illegal, and could not be made good by subsequent removal of the Proclamation." Tet the Government had been told by the highest authority that the persons making these representations had at that time already unlawfully, and in breach of the rights of their fellowsubjects, paid moneys and obtained signatures ; whilst tbose who respected the law could not move a step in the transaction until the Proclamation had been revoked and a period of two months had elapsed from the date of its revocation. But not only did the Government favour the purchasers of the land by giving them private notice that it was prepared to revoke the Proclamation, and by other means, but it acquiesced in a plan by which it was sought to remove a difficulty raised upon a question of whether Native land under Procla-
17
G.—l3
mation could be put through the Native Land Court without an intimation being given of the intention of the Government to remove the Proclamation, and this in a manner which I confess appears to me to have been irregular and adverse to the public interest; for it was done by obtaining the opinion of the Chief Judge upon a point of law apparently adverse to the opinion which he previously held on the subject, by arguing it before him by one party only, on the occasion of a private call; which opinion I humbly venture to think should have been given by the Chief Judge in open Court —the argument taking place in open Court —so that all should have had notice of the opinion of the Court; and I think that opinion should have been communicated to the Government by it own law officers. The law agent of the Patetere land purchasers informed the Native Minister on the 7th May, 1880, that on the receipt of his telegram of the previous day he called on the Chief Judge, and had an interview with him, and then goes on to say: " I argued that it was quite lawful and within his jurisdiction to put land through the Court although under Proclamation, and that to hold otherwise would be to deprive even the Crown of the power to put proclaimed lands through Court until the law could be amended. After considerable discussion he agreed with me, and told me I might wire you that he was now satisfied lands might he adjudicated upon without any intimation of intention of Government to remove Proclamation."* It will be sufficient to let him know that Government is not objecting to the investigation of title. He will probably wire you so himself. The lands will then go through under Proclamation, and without any promise of withdrawal; and, in the event of failure on our part to carry out conditions, would place Government in best position to close up its own title, the land having gone through the Court, and the owners being ascertained." One effect of this proceeding was to continue to withhold from the knowledge of the public the intention of the Government to allow this land to be purchased from the Natives. I think also that it establishes the fact that conditions had been agreed on by the Government with private parties regarding interests in lands at the time that all the rest of the Queen's subjects were shut out from acquiring those interests. I also cannot see what advantage the Government gained by the concealment from the public of its intention to remove the Proclamation; its doing so clearly gave the Patetere land purchasers a great and unfair advantage over their fellow-colonists. But had a statement been made in open Court that the Government, having secured the lands to which it was entitled for payments made, intended then to withdraw the Proclamation over the rest or the block, and thus open it to general purchase, the Government would have occupied as safe a position after the land had gone through the Court as it did by concealing this fact, and it would then have acted justly to all. I think lam not wrong in saying that this part of the transaction appears as if those who had entered into conditions with the Government had then come to it and said: " You will perhaps find that we are not to be trusted, and that we shall fail to carry out the conditions, therefore we advise you to do so and so, to place yourself in the best position to close up your own title in the event of that contingency arising." Ultimately the Government issued a Proclamation removing the first Proclamation from the Patetere lands defined by given boundaries, thus authorizing all the Queen's subjects, after a date fixed by law, to purchase the whole of those lands in the open market. It did not at the same time notify that large portions of the best parts of the land contained within the boundaries named had already been virtually acquired from the Natives. If lam right in this, as I believe I am, I think the issue of that Proclamation was a misleading act, likely to be productive of much disappointment and useless expenditure to many persons. It would be sad to see a Government, the embodiment, as it were, of the people, aiding persons in breaking the law, and humbly bearing spoils taken by unlawful means from the public at large to lay them at the feet of power and wealth. But it would be a still sadder sight if such a proceeding was to condemn many families who had observed the law to remain in poverty as labourers instead of occupying lands and comfortable homes ; and it would be sadder still if this punishment was necessarily from the circumstances of the case to pass on for generations to a people compelled to occupy an inferior position, whilst vast estates and the political influence and power of influencing in all temporal respects the destinies of the vast mass of their fellow-men were to be secured to those and their descendants who a very high authority had reported had acted unlawfully in acquiring those properties. To do this would be in truth to punish virtue and its progeny, and to reward vice and its descendants. All danger of this happening will be avoided if the Government will next session introduce a Bill as a Government measure by which it shall be provided that, upon its being established to the satisfaction of the Supreme Court that any lands claimed to have been purchased by any person or persons from the Natives, and which are in their possession, have been so purchased by unlawful means, the said Court shall thereupon declare such alleged purchase to be absolutely null and void, and such lands shall become public lands, to be dealt with in such manner as Parliament may direct. The course taken by the Government and the purchasers of the Patetere Block has been defended by two arguments, which I will shortly notice. It is said that it is desirable to get lands from out of the hands of the Natives, and let them come under the ordinary European law Again, that in this instance some of the purchasers, or their law agents, unless a condition had been made that the land acquired should be put up to auction in the ordinary way, wrould not have engaged in the purchase. To the first of these two arguments I reply that any purchaser who presents himself and says he has deliberately acted unlawfully and acquired great tracts of land for himself, to promote the public good, appears in a very suspicious guise. In this case we have it from the highest authority that the Patetere land purchasers, by stepping in and interfering with the Crown, had produced this effect: " The fact of their competing has been, and will continue to be, a means of raising the price of the land which we (the Government) are seeking to acquire, besides protracting the completion of our block indefinitely " This is, I think, a sufficient reply in this case. But generally, admitting fully that it is most desirable that all land in New Zealand should be subject to one law, I should be prepared to show that these unlawful purchasers, in almost all instances, delay rather than facilitate that end. Igo farther, and say that to train, allow, and encourage a portion of the population to act unlawfully to
* The italics are mine.
3—G. 13.
G.—l3
18
benefit themselves, whilst they wrong their fellow-subjects, would be most pernicious, and that no advantage to be gained from it would compensate for the dishonesty it would generate it the country A wise Government should at once put an end to such a system. The second argument, that before going into the Patetere business a condition was made with the purchasers that every acre of land acquired by them should be put up to auction in the ordinary way, appears to me to be an admission that there was something wrong to the public in the transaction, for which compensation ought to be made. If that is the case, the public which has suffered the wrong is, through its Courts or Parliament, the proper judge of the nature and amount of the compensation to which it is entitled, not the parties who committed the offence. I have been earnest in pressing my views upon you because I sincerely believe that a very wrong thing has been done, and that it is our common duty to endeavour to obtain redress, and a reversal of a transaction which I regard as so injurious to the public interests, and which some of my constituents have, through me, so properly and temperately complained of in the hope of obtaining justice. I have, &c, The Hon. the Colonial Secretary, "Wellington. G. Geey.
No. 42. Sir, — Colonial Secretary's Office, Wellington, 15th June, 1881. I have the honor to acknowledge the receipt of your letter of the 7th instant, in reply tomine of the 17th March, upon the subject of the acquirement from the Native owners of the tract of country known as the Patetere Block. The whole question of the Patetere land purchase has been, and may again be, so fully discussed, that it seems to me to be unnecessary to reply at length to your letter, though I am bound to say that I cannot admit the correctness of many of the statements which it contains. The only practical suggestion which, as I gather from your letter, you have to make is contained in the following paragraph:— " To do this would be in truth to punish virtue and its progeny, and to reward vice and its descendants. All danger of this happening will be avoided if the Government will next session introduce a Bill as a Government measure by which it shall be provided that, upon its being established to the satisfaction of the Supreme Court that any lands claimed to have been purchased by any person or persons from the Natives, and which are in their possession, have been so purchased by unlawful means, the said Court shall thereupon declare such alleged purchase to be absolutely null and void, and such lands shall become public lands, to be dealt with in such manner as Parliament may direct." In reference to this, I have to say that it appears to me that the Supreme Court, in its ordinary jurisdiction, already has power to deal with illegal purchases, if properly brought under its cognizance, and therefore that legislation in that direction is not required. I have, &c, Sir George Grey, K.C.8., M.H.E., Wellington. Thomas Dick.
No. 43. [Translation.] To the Governor. Otaki, 7th June, 1881. Friend, —This is a petition of ours to you respecting our land, Te Tokoroa, wrongfully purchased by certain land companies from the Natives. We are greatly grieved, for on our arrival we found that the investigation of the title to the land was over, and the money spent; therefore we petition you to grant a rehearing of our land, Te Tokoroa. This land was the permanent possession of our ancestors, from whom it has descended to us, their descendants. Friend, do you grant the application of your children. That is all from us. It rests with you to move the Native Land Court in this matter. From Matene Te Whiwhi and Others. Do you grant the application of your children. Greeting to you, the head of the Maori and European races in New Zealand.
Authority: G-eobge Didsbury, Government Printer, Wellington.—lBBl.
A
B
C
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1881-I.2.2.3.16
Bibliographic details
LANDS IN THE PATETERE DISTRICT (CORRESPONDENCE RELATIVE THERETO). [In continuation of G.-1, 1880.], Appendix to the Journals of the House of Representatives, 1881 Session I, G-13
Word Count
15,877LANDS IN THE PATETERE DISTRICT (CORRESPONDENCE RELATIVE THERETO). [In continuation of G.-1, 1880.] Appendix to the Journals of the House of Representatives, 1881 Session I, G-13
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.