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A compendium of official documents relative to native affairs in the South Island, Volume One.

[Mr. W. Cargill to the Hon. the Colonial Secretary]

Mr. W. Cargill to the Hon. the Colonial Secretary.Dunedin, 6th March, 1857.

Sir,—

With reference to your despatch No. 39, 11th February, 1856, on the subject of my letter of 26th June, 1855, transmitting a map of Dunedin, showing the public reserves that had been made by the New Zealand Company for the general purposes declared in section 12 of the "Terms of Purchase," and of my further letter of 15th September following, enclosing duplicate of the same map in parchment, and requesting that these reserves might be granted in cumulo to the Superintendent as a Corporation, in order to be applied to the purposes as set forth in the "Terms of Purchase."

In your said despatch you state, "That His Execellency is advised that he would not be justified in granting land upon trust for the public service generally, but that the particular objects for which the grant is made, as, for instance, for the site of a church, or chapel, or cemetery &c., should be specified."

I have therefore the honor to transmit a series of maps (eleven in number), in order that the lands may be severally granted as specified in the schedule.

page 141

And with respect to the last paragraph of your despatch, I have to observe that the reserves for fortifications, as shown on the original map of town and harbour, are, the island at Port Chalmers, and the commanding position, Tairoa's Head, at the mouth of the harbour.

With respect to the annexed schedule, I have the honor to propose that Nos. 4, 5, and 10 be granted to the Reverend Thomas Burns and William Cargill, as trustees on behalf of the Presbytery of Otago; and each of Nos. 1, 2, 3, 6, 7, 9, and 11 to the Superintendent as a Corporation; and No. 8 either to the same or such other party as may be named by the Governor.

I have, &c.,

To the Hon. Colonial Secretary,

Auckland.

W. Cargill.

Schedule.

1.Hospital Reserve (occupied).
2.Octagon Reserve (for public gardens).
3.Gaol Reserve (occupied).
4.Church Reserve, Church Hill (assigned by the Company for the first church of Otago, now about to be erected).
5.Church and School site (occupied by the Presbytery).
6.Mechanics' Institute (occupied).
7.Provincial Government, for buildings, &c.
8.General Government, for buildings, &c.
9.Reserve for buildings, &c., connected with public jetty.
10.Manse, first church (occupied).
11.Reserve for general purposes, Provincial Government.

Mr. C. H. Kettle to the Commissioner of Crown Lands, Dunedin.

Survey Office, Dunedin, 11th January, 1854.

Sir,—

In reply to your letter of yesterday's date, I have the honor to inform you that by some oversight a list of the reserves does not appear to have been made as proposed by Mr. Secretary Harrington in his letter of 20th October, No. 346. You will see by the map that special reserves were made for a town belt, cattle market, cemetery, and public gardens.

From the documents relating to the survey of the Otago Block, which I lent you the other day, you will also perceive that the reserves near the shore of the harbour were made for public wharves, in order that the public might have free access to the water. There was also a reserve set apart especially for Custom House and Post Office at the landing-place at Port Chalmers, although no note appears to have been made of the proposed appropriation. The other reserves were made for public purposes without being intended (so far as I now remember) for any particular purpose.

I have, &c.,

W. Mantell, Esq., J.P.,
C. H. Kettle,

Commissioner, Crown Lands, Dunedin.

Government Surveyor.

Extract from Letter of Mr. W. H. Cutten, Chief Commissioner.

Waste Land Board Office, Dunedin, 14th April, 1858.

Besides the above reserves, which may be said to be the whole coming strictly within that description, a reserve was made at Port Chalmers of nearly an acre in extent—it consists of sections 403 and 404, and a portion of unsurveyed land; it is not shown on the record plan.

This reserve was recommended by Mr. Mantell, and was sanctioned by the Governorin 1854-55. A quarter of an acre adjoining section 401 was purchased by Mr. Mantell from Mr. R. Williams, with the sanction of the Governor. The reserve was made under pretence of its being required for the use of the Natives landing at Port Chalmers, but for that purpose it is entirely useless, as it has a steep frontage to the beach of considerable elevation. It has never been used by the Natives.

A reserve for a similar object was made at Dunedin. Its exact extent is not defined, but comprises all the land between the shore of the harbour and the east side of Princes Street, and abuts upon the land upon which the Manse has been built. This reserve was made upon the authority of the Governor, but it appears to me that His Excellency the Governor exceeded the powers vested in him in this latter case, the land in question having been already set apart as a Public Reserve under the Otago Terms of Purchase.

It will however be the especial duty of the Commissioners under "The Native Reserves Act" to ascertain the correct legal position of both these latter reserves, if reserves at all; they are lands over which the Native title has been extinguished. As reserves for the object contemplated, they are utterly useless.