0.—6.

2

Referred to Mr. Commissioner Kemp for his report. —Daniel Pollen. —loth March, 1876. Memo, attached for Hon. Dr. Pollen's information, also translation of a letter from the chief Paul Tuhaere, on the same subject.—H. T. Kemp.—lBth March, 1876.

No. 2. The Hon. the Colonial Seceetaet to His Honor the Supeeintendent, Auckland. Sic,— Auckland, 15th April, 1876. I have received your letter of date 9th March ultimo, covering copy of a letter from Mr. Joseph A. Tole, calling attention, on behalf of the Native Parore, to what your Honor is pleased to describe as the " improper sale " of the Waipoua and Maunganui Blocks, in Wairoa, Kaipara District. I enclose, for your Honor's information, copy of a memorandum by Mr. H. T. Kemp, explanatory of the circumstance attending the sale of the blocks in question, which was concluded during a sitting of the Native Lands Court, and recorded as required by law. Tour Honor will see that the Native on whose behalf you intervene has no cause to complain, and makes no complaint regarding the actual sale of the land, but has grounds to complain of the action of Messrs. Brissenden and Nelson, the Land Purchase Agents, who declined in the first instance to recognize his title, and who exclusively favoured that of Tiopira. I call your Honor's attention to the circumstance that Paul Tuhaere denies the assertion made by Mr. Joseph A. Tole, that he (Paul) had furnished the " facts " upon which Mr. Tole's statement is based. I have, &c, His Honor the Superintendent, Auckland. Daniel Pollen.

Enclosure 1 in No. 2. Mr. Kemp, CC, to the Hon. Dr. Pollen. Sic— 18th March, 1876. I have referred these papers to Mr. J. W. Preece, the Land Purchase Agent, who states that the Waipoua and Maunganui Blocks were purchased by Messrs. Brissenden and Nelson, for the Government, from Tiopira and other Natives, for Is. Id. per acre, and paid them sums of money (at a very early stage), in the shape of advances, to the amount of £620. Mr. Preece further states, that these Agents utterly ignored, and refused to acknowledge the interest of Parore te Awha, the principal chief of the district, who afterwards proved his claim in Court. Parore then refused to sell, and Tiopira was requested to complete the sale to the Government of his interest on the terms agreed on, which he, in the presence of Paul Tuhaere did; the Government Agent conceding his only request, which was to make up his share to £2,000, —which was about £50 more than his share of the amount originally agreed on, viz. Is. Id. per acre, together with a valuable reserve at Waipoua of 6,000 acres, which afterwards turned out to be 12,000 acres, and which more than compensated for the extra price given to Parore. Parore afterwards sold his interest for £2,500 in the two blocks; all these arrangements having come under my personal notice. H. T. Kemp.

Enclosure 2 in No. 2. Mr. Peeece to Mr. Kemp, CC. In reference to the complaint made by Tiopira, that ho only received £2,000 for his interest in Waipoua and Maunganui, while Parore received £2,500 for his interest, I have the honor to say that— 1. Tiopira had, together with all his people, before the land was surveyed, agreed to sell the land to the Queen for a stated sum, namely, Is. Id. per acre, being a trifle less than he eventually got; and on that agreement they had drawn from the Government money on the land to the amount of £620: while, on the other hand, Parore and his people had never agreed to sell the land at all, nor had they drawn any money on it—holding their interest intact and unencumbered by agreement to sell, until after Tiopira had finally disposed of his interest. 2. There was no doubt that their interests were equal in the whole area of the estate; but the judgment being invalid, we were bound to get them to come to an agreement if possible, and we could get no better terms out of Tiopira than that he was to get the Waipoua reserve (over 12,000 acres) to himself, and that Parore was to pay him £100, which, by the deliberate' verdict of a former Court, he (after being heard) had been found not to be entitled to. Thus Parore received £2,400, and Tiopira received £2,100 and over 12,000 acres of land, to which, by the verdict of the Judges of the Court, Parore was as much entitled to as was Tiopira, but, by the compromise, obtained no interest in it. 3. The purchase of the interest of Tiopira and that of Parore were two entirely different negotiations, and conducted quite separately; the former having willingly, and without any hesitation, sold at a trifle over what he originally agreed to : and the interest of the latter having been purchased at the very lowest sum he could possibly be induced to take, and he being under no obligation whatever to sell at all. It is true that one deed for each block was made to cover both transactions, but that was done simply as a matter of convenience. J. W. Peeece.