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Papers Relative To The Claims of Certain Natives To Land Between Lake Ellesmere And The Sea.
Schedule.
No. 1.
The Hon. the Colonial Secretary to the Superintendent, Canterbury.
Sir,—
I have the honor to enclose a translation of a letter from a Native chief, on behalf of the Runanga of Kaiapoi, complaining of the drainage by the Provincial Government of Lake Ellesmere as injurious to their private property.
It would appear from the original deed of purchase from the Natives that the lake in question is within the boundaries of the land sold to the Crown by the Natives, without any reservation as to right of fishery. The land therefore covered by the water of the lake would be Crown land.
As under these circumstances there may be some technical difficulty which it may be desirable to remove in the way of the Provincial Government legally dealing with the land in question, and as it is important that the Native rights, whatever they may be, should be strictly defined by law, I should feel obliged if your Honor would furnish me with a full report on the subject, showing the nature of the work now in progress, and the authority of law under which it is done.
I have, &c.,
E. W. Stafford.
His Honor the Superintendent, Canterbury.
Enclosure 1 in No. 1.
Ki a Pititera,—
Rapaki, 9th Hepetema, 1865.E hoa tena koe. Kua roko matou kua tu koe he upoko mo te Runaka i Akarana.
E hoa e Pititera tenei ta matau kupu ki a koe mo to matou whenua, mo Waihora; kua kite ano koe i taua moana e takoto i tua o ka mauka o Poti Kupa taua moana e mahia e ka Maori ki te tuna; inaianei kua hiahia matou kia utua taua whenua no te mea e ki ana te wai ka whakatakototia e te Kepa raua ko Matara ta raua utu, no reira raua i mahara ai kauaka he utu mo reira, inaianei kai te pakarutia tonutia te wai e ka Pakeha otira e te Kawanataka ko taua whenua kia teihana hipitia e ka pakeha kua kore te wai e waiho kia rua kia toru ranei fau ka pakaru ai kia ai ai he tuna ma matou: kaore kai te pakarutia tonutia e te Kawanataka hei utu moni mana. Koia matou ka mea nei me whakarite tetahi utu ki a matou ekore hoki e pai ki takohia kuaretia te whenua o tetahi takata e tetahi; ekari me whakatika te riteka mo aua whenua inaianei. Koia matou ka mea nei mau tenei korero e hoatu ki roto ki te Runaka Nui whakakite ai; no te mea kaore rawa tetahi pene, heipene, patene i takoto i a te Kepa raua ko Matara ki taua whenua [gap — reason: damage] rawa kore rawa. Koia matou ka mea nei me whakarite mai e koe tetahi utu mo taua whenua Ki te pai koe ki te korero a Natanahira ratou ko te Runaka Nui i Kaiapoi tuhituhia mai. Ki te kore e pai tuhia mai ano. E hoa e Pititera ekore e mutu te mahi n[gap — reason: damage]kia rite ano ka mutu ai.
Heoti ano.
Na Natanahira Waruwarutu,
Na te Runaka katoa o Kaiapoi.
Ki a koe E Pititera.
[Translation.]
To Mr. FitzGerald,—
Rapaki, 9th September, 1865.Friend—salutations. We have heard that you have been appointed as a head of the Runanga in Auckland.
Friend Mr. FitzGerald. Here is one word to you about our land about Waihora; you yourself have seen that sheet of water which lies behind the mountains of Port Cooper; the Maoris catch eels there, and now we wish to sell that land (P water), because during the time that the lake was full of water, Mr. Kemp and Mr. Mantell laid down their money (in payment for the surrounding land); therefore they thought it not necessary to make any further payment for that land, and now the water is being let off by the Pakehas, that is to say by the Government, so as that land may be made a sheep station by the Europeans, and now there is very little (or no) water, it has be left for two or three years before there is sufficient water to overflow so as to enable us to catch eels; but no, it is being drained off by the Government, so as to be a source of emolument for them. Because of this we wish that payment be arranged to be given to us, for it is not well to take the land of any man away without a proper understanding, but rather let the arrangement be made straight at the present time. Therefore do we say, do you express this word of ours in the General Assembly, and make it clear to them; for we neither received a penny, halfpenny, nor a farthing from Mr. Kemp and Mr. Mantell in payment for that land. We received nothing at all on that account. Therefore we say, do you arrange about the payment to be given us for that land. If you look favourably on the word of Natanahira Waruwarutu and the great Runanga of Kaiapoi write to us; if not, write.
O friend FitzGerald, this work will not cease until it has been arranged. That is all.
Natanahira Waruwarutu,
And the whole Runanga of Kaiapoi.
To you, O FitzGerald.
Enclosure 2 in No. 1.
Ngaitahu Purchase.
Whakarongo mai e nga Iwi katoa—ko matou ko nga Rangatira, ko nga Tangata o Ngaitahu kua tuhi nei i o matou ingoa, i o matou tohu ki tenei pukapuka i tenei ra i te 12 o Hune, i te tau tahi mano, waru rau, wha tekau ma waru, ka whakaae kia tukua rawatia atu kia Wairaweke (William Wakefield) te atarangi o te Whakaminenga o Nui Tireni e noho ana ki Ranana, ara ki o ratou Kaiwhakarite, o matou whenua o matou oneone katoa e takoto haere ana i te tahatika o tenei moana, timata mai i Kaiapoi i te tukunga a Ngatitoa i te rohe hoki o Whakatu, haere tonu, tae tonu ki Otakou, hono tonu atu ki te rohe o te tukunga a Haimona, haere atu i tenei tai a, te mounga o Kaihiku, a, puta atu ki tera tai ki Whakatipu-Waitai (Milford Haven) otira kei te pukapuka ruri te tino tohu, te tino ahua o te whenua. Ko o matou kaainga nohoanga, ko a matou mahinga kai, me waiho marie mo matou, mo a matou tamariki, mo muri iho ia matou, a ma te Kawana e whakarite mai hoki tetehi wahi mo matou a mua ake nei, a te wahi e ata ruritia te whenua e nga kai ruri—ko te nui ia o te whenua ka tukua whakareretia mo nga Pakeha oti tonu atu.
Ko te utu kua tukua mai mo matou e rua mano pauna moni (£2,000) e tuawhatia mai te utunga mai o enei moni Kia matou, utua mai kia matou inaianei, e Rima rau pauna £500, kei tera utunga e £500, kei tera atu e £500, kei tera rawa atu £500, huihuia katoatia e £2,000.
Koia tenei tuhituhinga i o matou ingoa, i o matou tohu, he whakaaetanga nuitanga no matou, i tuhia ki konei ki Akaroa, i te 12 o Hune, 1848.
John Tekao. John Pere. Tiaki. Ko Te Hau. Matiaha. Ihaia. Waruwarutu. Topi. Ko Rirawa. Korehe. Ko Te Poriohua. Wiremu. Ko Hape. Pukana Pukunui. Tuauau Manahe. Tuahuru. Te Hau. Ko Te Uki. Ko te tohu tenei o Taiaroa. O Maopo. Paora Tau. Tainui. Koti. Karetai. Pohau. Wiremu. Te Raki. Solomon Pohio. Te Whaikai Pokere. Rangiuhakana. Potiki. Tiari Weteri. Ko Tare Te Haruru. Haereroa. Tiraki. Te Matahara.
By proxy—Taiaroa and Solomon for Topi Kihau, son of Tuhawaiki Te Korako.
Nga ingoa o te kai-titiro—
Witnesses—
N. A. Oliver, Commander, H.M.S. "Fly."
T. Bull, Lieutenant.
John Watson, Resident Magistrate.
Charles W. Kettle, J.P., Provincial Surveyor, New Zealand Company.
H. Tacy Kemp, J.P., Commissioner.
James Bruce, Settler.
Hakaroa,
Pepuere 22, 1849.
No tenei ra i tukuna ai ki a matou te tuarua o nga utunga mo a matou whenua e mau nei te ahua. £500 e rima rau pauna moni i tukuna nei ki a matou. Na Mr. Mantell, Commissioner for extinguishing Native claims, i tuha kia matou.
Ko te te tohu tenei a Taiaroa x. Pohau. John Kihau x. John Tekao. Paora Tau. Tarawhata x. Rawiri Te Mamaru. Noa Paka. John Rere. Te One Tuki. Rawiri Te Mamaru. Mahuruhuru. Kahuti. Ko Karetai. John Topi. Paitu. Matthias Tiramorehu.
Nga ingoa o te kai-titiro.
J. Lort Stokes, Captain, H.M.S. "Acheron."
D. Lyall, Surgeon, H.M.S. "Acheron."
John Watson, Resident Magistrate.
J. W. Hamilton.
H. S. Cudland, Architect and Surveyor.
Walter Mantell Commissioner.
[Translation.]
Harken all ye tribes. We the chiefs and people of Ngaitahu who have here signed our names and appended our marks to this document on this day, the twelfth day of June, in the year one thousand eight hundred and forty-eight, consent finally to surrender to William Wakefield, the agent of the New Zealand Company, London, or to their representatives, the whole of our lands which lie along the sea cost, commencing at Kaiapoi, the block sold by Ngatitya, the boundary of the Nelson (Province) right along to Otago, joining on to the boundary, that (land) sold by Haimona, commencing from this sea and going across to Kaihiku, thence right over to the other coast, Whakatipu Waitai (Milford Haven),—but the exact delineation is on the plan; but our places of residence and cultivations must still be left to us, for ourselves and our children after us. And the Governor must appoint a quantity of land for us hereafter, when the land has been surveyed; but the whole of the land excepting this is altogether and finally handed over to to the Europeans for ever.
The purchase money delivered to us is two thousand pounds (£2,000). The payment of this money to us is to be done on four several occasions. Paid to us this day, five hundred pounds (£500), at the next payment of five hundred pounds (500) at the next five hundred pounds (£500), and on the last occasion five hundred pounds (£500); in all, two thousand pounds (£2,000).
Hence this signature of our names and signs as a general consent given of ours. Written here as Akaroa, this twelfth day of June, 1848. (Here follow the signatures.)
On the back of the Deed:—Akaroa, 22nd February, 1849.—On this day has the second payment for our lands herein delineated been made, in amount five hundred pounds (£500). Mr. Mantell, Commissioner for extinguishing Native Claims, divided the same amongst us.
[Here follow the signatures.]
No. 2.
Mr. Rolleston to Natanahira Waruwarutu of Rapaki.
E hoa e Natanahira,—
Poneke, 22 Nowema, 1865.Tena koe. Tenei te reta i tuhia mai nei ki a Whititera kei te aroaro o te Kawanatanga e takoto ana, e patapataia ana nga mea kua tuhia mai nei e koe, naka kitea, ko reira ano whai kupu whakatuturu atu ai ki a koutou. Heoti ano.
Na to hoa,
Na Te Roretana.
Ki a Natanahira Waruwarutu, Rapaki, Canterbury.
[Translation.]
Friend) Natanahira,—
Wellington, 22nd November, 1865.Salutations. Your letter written to Mr. FitzGerald is now before the Government; these matters which you have written about are being inquired into. When the result of such inquiry has been ascertained, you will be informed decisively in accordance therewith. Enough.
Your friend,
W. Rolleston.
No. 3.
The Secretary for Crown Lands to the Commissioner of Crown Lands, Canterbury.
Sir,—
The Native Runanga of Kaiapoi having sent a complaint to Government regarding the draining of Lake Ellesmere, apparently by the Provincial Government, and the consequent interference with their right of eel-fishing, I have the honor to request you will be good enough to report for the information of the Government on the nature and extent of the work being carried on by the Province; and also, as technical questions connected with the ownership of the land may perhaps be involved, what course is contemplated, if any, as to the disposal of the land to be reclaimed or drained, and on any other point connected with the subject upon which you may think it advisable to remark.
No. 4.
The Commissioner of Crown Lands, Canterbury, to the Secretary for Crown Lands.
Sir,—
I have the honor to acknowledge the receipt of your letter of the 21st instant, and No. 12, relative to the complaint of the Native Runanga of Kaiapoi, regarding the draining of Lake Ellesmere, and in reply beg to report as follows:—
I find that nothing has been done or is doing by the Provincial Government towards draining the lake. The Secretary for Public Works informs me that a short time since levels of the adjacent country were taken by order of the Government, for the purpose of ascertaining if such a work could be done, but the enormous cost of the undertaking renders it improbable that it will over be attempted. The lake periodically discharges itself into the sea by breaking through the shingle beach, and this has been the case recently, the effect of which has been to lower the lake considerably, but I cannot learn that it has resulted from any other cause.
I have, &c.,
The Hon. the Secretary for Crown Lands, Wellington.
William Guise Brittan,
Commissioner of Crown Lands.
No. 5.
The Superintendent, Canterbury, to the Hon. the Colonial Secretary.
Sir,—
I have the honor to acknowledge the receipt of your letter of the 20th ultimo, enclosing translation of a letter from a Native chief, on behalf of the Runanga of Kaiapoi, complaining of the drainage by the Provincial Government of Lake Ellesmere, as injurious to their private property.
In reply, I have the honor to inform you that the Provincial Government of Canterbury have not in any way interfered with the drainage of Lake Ellesmere. Levels have been taken at the instance of the Provincial Government, with a view of so far draining the lake that it shall not back up the river running into it, or overflow the land adjacent; but no drainage work affecting the level of water in the lake has been undertaken by the Provincial Government.
I have, &c.,
S. Bealey,
Superintendent.
The Hon. the Colonial Secretary.
No. 6.
Mr. Rolleston to Natanahira Waruwarutu.
E Koro e Natanahira,—
Poneke, Tihema 13, 1865.Tena koe, kua tae mai te reta a te Huparitene o Katapere he utu mai mo te reta i tukuna atu ki a ia mo runga i tau i tuhi mai nei i te 9 o nga ra o Hepetema, mo tetahi roto wai Maori i tua o Pote Kupa e meingatia ana kia tukua te wai kia rere. E ki mai ana te reta a te Huparitene, e, kahore ana whakaaro kia tukua te wai kia whakakino nga rauiri tuna a te Maori; engari heoi anake te mea e wehingia ana, kei pakaru te wai ki runga ki te whenua katoa. Kahore atu he kupu.
Na tou hoa,
Na Te Roretana.[Translation.]
To Natanahira,—
Wellington, 13th December, 1865.Salutations. The letter from the Superintendent of Canterbury, in reply to a letter written to him in regard to your letter dated 9th September, about a lake of fresh water behind the hills at Port Cooper being drained, has come. The letter from the Superintendent states that he has no desire in draining the lake to spoil the eel-weirs of the Natives, but the chief thing to be feared is the inundation of the whole country. There is no other word.
Your friend,
W. Rolleston.
To Natanahira Waruwarutu, Rapaki.
No. 7.
Natanahira Waruwarutu to Mr. Rolleston.
E Te Roretana,—
Rapaki, Tihema 19, 1865.Tena koe. Kua tae mai au reta e rua utu mai mo taku reta ki a Whititera kua kite iho au i te kupu a te Huparitene o Katapere nei e ki nei kaore ia e pai kai tukua te wai, koi whakakino i ka rauiri tuna a te Maori. E hoa he kupu mamika tenei kupu. E ta kia roko mai, tenei ake te tino tuhia atu ai he whakahoki atu mo aua reta, kai tonoa e au aua reta ki ka Runaka tirotiro ai hei reira ka tuhi atu ai. Ekore ra e pai kai waiho te utu o te kaika o tetahi takata ma tetahi e tako. Ka mutu. Otira kia mohiotia te Kawanataka ko wai ra.
Ki a Te Roretana.
Natanahira Waruwarutu.
[Translation.]
O Mr. Rolleston,—
Rapaki, 19th December, 1865.Salutations to you. Your two letters in reply to my letter to Mr. FitzGerald have come. I have seen the words of the Superintendent of Canterbury, who says that he has no desire that the water be let off and the eel-weirs of the Maoris be spoiled. That is a false word. O sir, do you hearken, hereafter will the letter of particulars in reply to yours be written, after I have sent them to the Runangas for them to see. Then shall (the letter) be written. It is not right that the payment for the place of one man be left for some one else to receive. Ended. But we wish to know who the Government are.
To Mr. Rolleston Natanahira Waruwarutu.
No. 8.
Natanahira Waruwarutu to the Native Minister.
Ki a te Rahere (Minita o te mahi a te Kawanataka),—
Rapaki, Pepueri 1, 1866.E hoa tena koe i ruka i au mahi whakatikatika whenua Maori, Pakeha hoki.
Tenei taku kupu ki a koe mo toku whenua mo Waihora, ekore e mutu taku mahi tuhituhi atu ki a koe ahakoa mutu tau mahi, tu atu he Kawanataka and ka mahi ano au ki a ia. Ina hoki ko te tua wha tenei o aku tuhituhitaka ki te Kawanataka. E hoa kia roko koe, ko te kupu a te Huperitini o Tautahi i tuhituhia mai nei e te Roretana ki au kai te he taua kupu e ki nei ekore ia e pai kia pakarutia te wai koi whakakino i ka rauiri tuna a te Maori. He kupu he rawa tenei, kai te pakarutia nei ano hoki i roto i ka tau katoa nei, ko te utu mo ka tarutaru kai te puta ke ki te Kawanataka. Koia i puta ai toku whakaaro ki te tuhituhi atu ki te taha Kawanataka, no te mea kaore hoki tera moana i riro i roto i te mahika a te Kepa raua ko Matara, kai a matou ano kai ka takata Maori. Ekari me whakaputa mai ano tetahi whakaaro marama ki a matau ki ka takata Maori, ekori hoki e pai kia rua whakapoheka i o matau kanohi. Ka mutu.
Na tou hoa aroha,
Na Natanhira Waruwarutu.
Kia a Te Rahere, Minita mo ka Maori.
[Translation.]
To Colonel Russell, Native Minister,—
Rapaki, 1st February, 1866.o Friend, salutations to you performing your duties, putting straight land questions affecting both Europeans and Natives.
This is my word to you about my land, about Waihora: my continual writing to you will not cease, although your work as a Minister of the Government should meanwhile cease, and your successor come into office. This is the fourth time I have written to the Government. o friend do you hearken, the word of that Superintendent of whom you wrote to me through Mr. Rolleston is incorrect, who says that he is not willing that the water be let off, lest the eel-weirs of the Maori be injured. That word is utterly incorrect for the water is let off year by year, and the payment for the grass is handed to the Government instead (of us). Therefore it occurred to my mind to write to the Government side, because that water was not included in the sale made to that sold to Mr. Kemp and Mr. Mantell; it is still ours, the Maoris. But rather do you send some clear thought to us, to the Maoris, for it will not be right that our eyes be blindfolded a second time.
Your loving friend,
Natanahira Waruwarutu.
No. 9.
Mr. Mantell to Mr. Rolleston.
Mr. Rolleston,—
A reference to previous papers would have saved the trouble of noticing a communication from Natanahira Waruwarutu; a reference of his first letter to me would have saved the trouble which has been imposed on the Attorney-General.
On that gentleman's minute I must be permitted to remark, that the translation of the deed of 1848 submitted to him is erroneous;—that one at least of its errors is such as requires no knowledge of the Maori language to detect—that the signatures of the vendors are, although added at the foot of the paper, not placed in such a position as to seem to be what they are; that there seems to have been submitted to him no proof either that those who signed were the owners of the land, or that the marks were made by those whose names are written beside them, or that Taiaroa and Solomon had any right whatever to sign for men of superior rank and interest who were absent from and ignorant of the transaction; and that the translation in question does not show how, if at all, Colonel Wakefield is so identified with the Crown that land conveyed to the former should at once become the property of the latter.
I do not pretend to question the propriety or correctness of the Attorney-General's opinion, but as I distinctly remember that the Crown Law Officer (Mr. D. Wakefield), at the time at which the deed was made, having before him the deed itself as well as its translation by the officer who drew it, declared it to be illegal and "not worth the parchment on which it was written," and that the Government here shared that opinion. I do think I may be permitted to express my appreciation of the progress which we have since made in the application (when permitted by our Parliament) or adaptation of English law to questions of Native title to land. From that period of timid punctiliousness in 1848 we have now, unless the case before me be exceptional, which I have no reason to suppose, reached a time when it would seem that any deed drawn anyhow from any Maori to any European conveys any land "within the boundaries specified in the deed and plan" from whatever Maoris may have owned it page 242
to the Crown. The high respect universally entertained for Mr. Prendergast's legal knowledge convinces me that it would be impossible to attach too great importance to the bearings of his opinion in the present case.
The validity of the document of 1848 being thus satisfactorily established, or rather its validity as conveying to the Crown all lands within the boundaries specified in it and the plan, but not clearly so in respect of the provision in favour of the Natives which it contains, I feel no difficulty whatever with regard to the eel-fishing question. Bound as I then felt, pending the execution of the new deed which the Government deemed absolutely necessary, to maintain the validity of that under comment, I treated with the Natives in all matters connected with their reserves with a high hand, and as if I possessed the unquestionable right to do so. At almost every reserve the right to maintain the old and to make new eel-weirs was claimed, but I knew these weirs to be so great an impediment to the drainage of the country that in no case would I give way upon this point, although unfortunately my difficulty was much increased by their knowledge that at a sale then recently made in this Island, a general reservation of this right to the Natives had been conceded.
At Lake Ellesmere (then called Waihora) I showed Maopo, Pohau, and others of the Kaiteruahikihiki interested at Taumutu that although years might elapse ere their old style of breaking the dam might be interfered with, the stoppage of the outlet must so seriously affect the drainage of so large an extent of country that the Government must be quite free to do as it pleased with regard to it.
All that I promised at any place to the Maoris on this subject was, that their rights of fishing on and beyond their own lands should be neither less nor more than those of Europeans; and this promise I hope the Government may for a time permit to hold good.
I have, &c.,
Wellington,12th April, 1866.Walter Mantell.No. 10.
Mr. Rolleston to Natanahira Waruwarutu.
E hoa e Natanahira,—
Poneke, Aperira 23, 1866.Tena koe. He mea tuku e te Minita mo nga Maori to pukapuka o te tuatahi o Pepuere ki a Matara, pataia atu ana ki a ia mehemea kahore he kupu ki nga Maori mo nga rauiri tuna o Waihora i tona tukunga i te moni ki nga tangata whenua.
Ko te kupu mai tenei a Matara, i a ia kei Waihora ka ki atu ia ki a Maopo, ki a Pohau, me etahi atu o Kaiteruahikihiki e whai paanga ana ki Taumutu; ko tana kupu atu tenei ki a ratou, ahakoa he maha nga tau e pahemo katahi ai ka kore e tukua to ratou tikanga pakaru i te wai o namata kia mania e nga tangata whenua. Otira tena ane ka tae mai te ra, no te mea ka repoa te whenua i te wai e takoto ana ki runga, ekore hoki e puta te wahi o nga waitahenga, ma taua mei nei ka ahei ai kia puta ki reira ta te Kawanatanga e hiahia ai kia mahia a tona wa ko tana kupu tenei.
Na rapea, ki te mea e pakarua katoatia ana te wai e te Huparitene, e mahi tika ana ano ia ki nga Maori. Tena ko tenei kahore e pakaru katoa ana i te wai. Heoti ano.
Na to hoa,
Na Te Roretana.
Ki a Natanahira Waruwarutu, Rapaki.
[Translation.]
Friend Natanahira,—
Wellington, 23rd April, 1866.Salutations. Colonel Russell has referred your letter of the 1st February to Mr. Mantell, and asked him to state whether any promise was made with regard to the eel-weirs of the Maoris at Lake Ellesmere, when he paid for the land.
Mr. Mantell says that at Waihora he showed Maopo, Pohau, and others of the Kaiteruahikihiki interested at Taumutu, that although years might elapse ere their old style of breaking down the dam might be interfered with, the stoppage of the outlet must so seriously affect the drainage of so large an extent of country that the Government must be free to do as it pleased with regard to it.
If therefore the Superintendent were draining the lake, he would not wrong the Maoris; but he is not draining the lake. Enough.
Your friend,
W. Rolleston.
To Natanahira Waruwarutu, Rapaki.
No. 11.
Te Koro to the Native Minister.
Haere atu ra e taku reta ki Poneke, ki a te Rahere,—E hoa tena koe. He kupu taku ki a koe mo toku pihi whenua e takoto ana i waenganui o te rohe o Kaitoreti. Kei te Waiotemakua te rohe katia mai i te Kaiopapa haere ki te pa ki Waikakahi, ka tae ki Kitokitoki ka mutu i kona.
Te take i tuhi atu ai au ki a koe, kua korero maua ko Hamutini kua whakatika a Hamutini ki taku korero, ko te utu mo tera wahi kaore ano i utua noatia. Ko te utu a Matara kaore au i kite, kihai i takoto ki reira ko ta Hamutini utu i takoto ki roto o Wairewa haere ki Akaros. No konei au i tuhi atu ai ki a koe notemea kaore au i kite i te utu a Matara, i Poneke na hoki au i taua takiwa, no kona te kite au.
Hcoi ano taku korero ki a koe.
Na to tamaiti,
Na Te Koro.
[Translation.]
Go O my letter to Wellington, to Colonel Russell,—O friend, salutations to you: mine is a word to you about my piece of land which lies in the midst of the boundary of Kaitoreti. The boundary is at Te Waiomakua, thence as far as Te Kaiopapa, thence to the pa at Waikakahi as far as Kitokitoki. Here it ends.
I have written to you because of a conversation I have had with Mr. Hamilton. Mr. Hamilton has agreed to my word, the payment for that place has not yet been given. The payment by Mr. Mantell I did not see; it was not deposited there (given for that place). Mr. Hamilton's payment was deposited in the midst of Wairewa as far as Akaroa. Because of this I have written to you—because I did not see the payment by Mr. Mantell. I was at Wellington at that time, therefore did I not see.
That is all my word to you.
Your son,
Te Koro.
No. 12.
Memorandum on Te Koro's Letter by Mr. Hamilton.
As I do not understand Maori sufficiently, I have no means of informing myself where Kaitoreti is, but I believe it to be the spot of land between Waihora Lake and the sea (Lake Ellesmere) just at the north extreme of the Ninety-mile Beach.
If so, this point has already been raised, I think, and a Memo sent on it by me some months (?) back.
I had no mission to deal with the spit or any part of the plains, only Banks Peninsula, which was then understood to be the hills of the Peninsula, and the valleys taking a line from spur end to spur end. My purchase only took in the Wairewa (Little River) Valley.
If neither Mr. Kemp's nor Mr. Mantell's deeds of 1848 (? 1849), include Kaitoreti as part of the plains bought by them, then there is still a portion of land over which Native title is not yet extinguished; but as I never could contrive to get copies sent me from Mr. McLean's office, I never could tell what boundaries my purchase should reach to.
The other Maoris of Canterbury should know if Te Koro's claim is good at all. From all the Maoris have told me, and so far as I could understand them, I doubt if Kaitoreti ever was ceded by them to Mr. Kemp or Mr. Mantell.
Mr. Stack is the only Maori scholar I know here who could obtain information.
J. W. Hamilton
No. 13.
He PukapukaTono Ki TeKooti Whakawa Whenua Maori kia WhakawakiaEtahi TakeWhenua.
E Kara,—
| Te ingoa o te whenua. | Nga ingoa o nga tangata e pa ana ki te whenua. | Te ingoa o te Iwi, Hapu ranei. | Te whakaaturanga o nga rohe. |
| Kaitorete | Heremaia Mautai Hoani Timaru. | Te ingoa o te hapu ko Ngatimako te rua o nga hapu ko Ngatiteruahikihiki | Kei Ngaumunaunau te rohe ki te Moana Nui. Kei Te Puna o Pohau tetahi rohe puta noa ki Waihora kei Kaikanohi te rohe ki te tonga o te ra te moana nui rawa Waihora raawa. |
No te 9 o nga ra o Tihema o te tau 1867.
[Translation.]
An Application To The Native Land Court To Investigate Certain Titles To Land.
O Sir,—
We the persons whose names are in the list of names appended hereto, have a claim to a piece of land near Wairewa, Canterbury. Now this is an application from us, for our tribe or hapu, that those claims may be investigated by the Native Land Court, in order that the certificate of the Government may be obtained for those lands. To the Native Land Court, Auckland.
page 244
| The Name of the Land. | The Names of the Persons interested in the Land. | The Name of the Tribe or Hapu. | The Description of the Boundaries. |
| Kaitorete | Heremaia Mautai. Hoana Timaru. | The name of the hapu is Ngatimako The second hapu is Ngatiteruahikihiki. | The boundary is at Ngaumunaunau, on the side towards the Ocean. At the source of Pohau is another boundary, which extends to Waihora. The boundary towards the setting sun at Kaikanohi, and reaches the ocean and Waihora. |
No. 14.
Order of Reference to Native Lands Court, Christchurch.
"Whereas, by 'The Native Lands Act, 1867,' it is among other things provided that all lands referred to in section 83 of 'The Native Lands Act, 1865,' shall, unless the Governor otherwise direct from time to time in respect of any such land, be excluded from the operation of the said 'Native Lands Act, 1865,' and of the first-mentioned Act, until the 31st day of December, 1868: Provided that every such agreement between the owners of any such-land, or persons interested therein, on the one part, and officers duly authorized to enter into the same on behalf of Her Majesty on the other part, may be referred by the Governor to the Court, and the Court shall thereupon investigate the title to and the interest in such land in the manner prescribed in the aforementioned Acts, and shall make such orders as it is by the said 83rd section of 'The Native Lands Act, 1865,' empowered to make: And whereas in the year 1848 a certain agreement was made between certain persons owning land in the Middle Island, of the one part, and duly authorized officers of the Government on the other part, purporting to extinguish the Native title to land comprised in the plan hereto annexed, save over such lands as were thereby stipulated should remain the property of such Native sellers:
"And whereas such reserved lands have never hitherto been effectually and completely defined, and there are doubts whether the said agreement has been absolutely effectuated in law by written instructions:
"And whereas it is expedient to determine all such questions, and finally to conclude the agreement for the purchase of the lands comprised in the said plan:
"Now, therefore, the said agreement is hereby referred, in accordance with the above-mentioned Acts, to the Native Lands Court.
"By command.
"John Hall,
"A Member of the Executive Council of the
"Colony of New Zealand."
Note.—This case was before the Court at its sittings in Christchurch in May, 1868, on three different occasions, and the Chief Judge, in closing the case on the 5th of May, after a lengthy and elaborate judgment, gave it in favour of the Crown: vide Proceedings of Native Land Court.—Alrxander Mackay, Commissioner.