Schedule.

No. 1.
Donald McLean, Esq., Chief Commissioner, to the Assistant Native Secretary, Collingwood.

Sir,—

I have the honour by direction of His Excellency the Governor to request that you will be good enough to proceed to Kaikoura at your earliest convenience, for the purpose of settling with the Natives there for their outstanding claims to land in the Canterbury Province; and also definitely to fix the position, extent, and boundaries of the reserves necessary for the maintenance and wants of the Native population, the proportionate area of the reserve for each individual or head of a family to vary from 10 to 100 acres, according to the quality, capabilities, relative value of the land, and rank of the owner.

You will be good enough to take care that a villiage site required at, or near Kaikoura, is not included in these reserves. The position of this site will be pointed out to you by the resident Europeans. It is I believe probable, that a villiage will be laid out at the spot now used for the shipment of produce.

It will be necessary that you should be provided with a Surveyor, whose duty it will be clearly and accurately to define the boundaries of each reserve, which should be laid off, when possible, within natural boundaries, and in such a manner, as to avoid future disputes.

For this purpose you should secure the services, of a competent person, if practicable, at Kaikoura, as much expense will thereby be obviated, but should you not, upon enquiry, be able to effect this, you will be good enough to engage a Surveyor in Nelson to accompany you; making the most economical arrangements possible regarding his passage and necessary expenses, in either case, the amount of remuneration for his services will be left to your own discretion, bearing in mind that the strictest economy, consistent with an effective performance of this duty, will be required by His Excellency's Government.

The sum of £150 will be advanced to you for the purpose of obtaining the final cession of all their claims to land in that Province, and a form of deed is herewith enclosed which you will be good enough to fill up, or vary as you may think best.

The duties thus assigned to you at Kaikoura having been carefully completed, you will have the goodness to proceed to Arahura on the West Coast for the purpose of carrying out similar arrangements at that place by marking off a reserve, or reserves, not exceeding if possible, a total area of about 500 acres, which it appears, would be sufficient for the few Natives residing there.

You will have a conveyance of all their claims duly executed by Tuhuru and the other Chiefs and people residing on the West Coast, to whom you will pay on surrendering their rights, a sum of £150, on £200.

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The total sum estimated for the completion of the Arahura and Kaikoura claims is £200; which amount will be placed at your disposal to be apportioned by you as you may deem most desirable for carrying out the duties assigned to you.

Great reliance is placed on your own judgment and discretion as to the carrying out of the details of this arrangement including the extent of the necessary reserves for the Natives.

No. 2.
The Assistant Native Secretary, Collingwood, to the Chief Land Purchase Commissioner.

Sir,—

I have the honour to acknowledge the receipt of your letter, dated the 3rd November, requesting me to proceed to Kaikoura and Arahura. I shall, be able, to go to the former place about the commencement of January next, and as soon as the necessary arrangements, are completed there, I will start overland from Port Cooper to the West Coast.

With reference to my going to Arahura, I am desirous of knowing whether the Government wish to have the Native Title extinguished over the whole, of the land on the west coast of the Middle Island, or whether I am to purchase the Arahura and Mawhera districts only.

Should the Government direct me to purchase the whole, of the; West Coast, it will necessitate my proceeding to Milford Haven, as there are some Natives residing at that plaice who have claims to land on the West, Coast. From information I have received, the country there is not worth acquiring; and as it is impossible to reach, that part of the district on foot, it will be necessary to charter a 'vessel to take me there.

From what I recollect of the conversation I had with Tarapuhi (son of the late Tuhuru), I believe he claimed the whole of the land from. West Wanganui (Province of Nelson) to Dusky Bay, Piopiotai (Province of Otago), for this he asked £2500; he, however, admitted that the Port Cooper Natives and Taiaroa had received payment for the West Coast, and to a certain extent allowed the conquest of part of the district by the Ngatitoa tribe. I do not anticipate any difficulty in persuading them to sell the land, as they were willing to do so when I was there two years ago, but I think it probable they may wish for a larger sum of money for it than the Government are willing to give.

I wish to know whether the Government require a surveyor to accompany me through to the West Coast for the purpose of laying out the reserves for the use of the Natives, as I am afraid it will be rather expensive getting one to go there. I would endeavour, in the absence of such a person, to define the reserves, in a manner as would make it easy for a surveyor to lay them out at any future period. I mention this as I see the Provincial Government have advertised, for tenders for the survey of the Grey District, and the person contracting for that service could easily lay out the reserves if I gave him directions, and a rough sketch of the localities in which they are situated.

No. 3.
The Assistant Native Secretary, Collingwood, to the Chief Land Purchase Commissioner.

Sir,—

I have the honour to inform you, that I arrived here yesterday bringing with me the whole of the Natives residing between the River Waiautoa and the Peninsula. I have not yet seen Kaikoura (Whakatau), but despatched a messenger with a letter to him this morning.

The Natives are very anxious to know how much money I intend giving them for the land, but I have not yet told them what I am instructed to pay for it. They are very exorbitant in their demands, asking no less a sum than £5000 for their claims, they appear to have a thorough knowledge of the value of land, and seem to be acquainted with the sums which have been paid by runholders for land in the Amuri district.

I have not yet gone into the subject with them to any extent, as I considered it useless, doing so until the arrival of Whakatu. I have however hinted to them that the land has been once purchased already, and that if requisite the Ngatitoa and Ngatiawa tribes would give possession of it to the Government. I have also asked them, why if they had claims to the land they did hot make their appearance at the time of your visit to Nelson, and get paid for it?

The district claimed by them commences at the Hurunui, and is bounded on the south by that River to its source; on the east by the sea from the Hurunui to Cape Campbell (Te Karaka); on the north by the sea from the last named place to the Wairau Bluffs (dividing the Wairau plain from Kaparatehau); on the west by a line drawn from the Bluffs (Pari nui awiti), to the Wairau gorge, from thence to Rangitahi (Lake Tennyson, Tarndale); from there it is bounded by the range of mountains lying to the eastward of the Buller and Grey districts, West Coast, to the pass of the Hurunui and Teramakaul.

You will perceive from this description that the whole of the Awatere, Tarndale, Clarence page 35(Waiautoa), Amuri and Waiau-ua country is included within these boundaries, and may be estimated to contain about two and a half millions of acres.

The greater part of these districts are now occupied by sheep-farmers, who in many instances have purchased considerable quantities of land from the Government. Some of the settlers are annoyed by the Natives, for instance Mr. William McRae of the Clarence or Waiautoa, whom they have prevented building a wool-shed at the landing place on the run occupied by him, and there are others in nearly the same situation. It is therefore necessary that the Native Title should be extinguished as speedily as possible, to prevent disputes arising between the two races.

My instructions from you were to pay the-Natives the sum of £150 on their surrendering their rights to the land, but from having heard that they were not inclined to part with it for a small sum I brought £200 with me from Nelson, thinking it would be sufficient to meet all demands.

You may be assured that I shall use every means in my power to induce the Natives to accede to the terms offered by me, but should I be unsuccessful in my endeavours to complete the purchase, I shall proceed to Port Cooper, and from thence to Arahaura, on the West Coast, and on concluding the purchase of the latter district, would return to Port Cooper and be ready to carry out any instructions which you might forward to that place.

Should I be unable to get the Natives to surrender their claims to the East Coast District, I would beg to recommend that the sum of £500 should be placed at my disposal for carrying out the above object.

No. 4.
James Mackay, Assistant Native Secretary, to the Chief Land Purchase Commissioner.

Sir,—

I have the honour to report to you, for the information of His Excellency the Governor, that the Ngaitahu, of Kaikoura and Kaiapoi, have surrendered to the Crown the whole of their lands northward of the River Hurunui, for the sum of £300.

The block ceded contains about two millions and a half of acres (2,500,000 acres), and extends from the River Hurunui to Cape Campbell seawards, and from the Coast back to Lake Sumner or Hokakura, and the sources of the Rivers Waiau-ua, Waiautoa, and Wairau, the North-westerly boundary being Pari nui o whiti (the White or Wairau Bluffs).

I am aware that the country lying between the Rivers Hurunui and Waiau-ua has been purchased by Mr. Hamilton from the Kaiapoi Natives, and it may almost appear to you that I have overlapped a previous purchase, but I found in conducting the negotiations with the Kaikoura Natives for the cession of their claims, that some of them denied having received compensation for their title to land there, and disputed the right of the Kaiapoi Natives as sole owners of that district to dispose of it; and also that a claim was advanced by a Native named Arama Karaka, on behalf of himself and Matiaha, of Moeraki, to land there; this claim was admitted by the Kaikoura and Kaiapoi Natives to be a just one, and for these reasons I considered it prudent to include the whole of the land to the northward of the Hurunui in the Deed of Sale, which was executed by the Kaikoura and Kaiapoi Natives on the 29th of March, 1859, and which I do myself the honor to enclose.

I have incurred the responsibility of paying the sum of £300 for extinguishing the whole of the Native title and claims to this block, this being £100 more than the amount I considered to be placed at my disposal for effecting the above object; but I have done so for the following reasons, which I hope will be considered sufficiently good to warrant the extra expenditure, viz.:—

1.	That the Natives refused to take the sum of £150 (the sum I was instructed to pay them); and on my offering them £200 (which sum I considered I was justified in tendering, as £400 had been placed at my disposal for completing the Arahura and Kaikoura questions, to be apportioned by me in such a manner as I might deem most desirable for carrying out the duties assigned to me), they would not surrender the whole of their lands, wishing to retain the portion intervening the Rivers Kahutara and Tutai-putu-putu, containing Some 100,000 acres, and which is rented from the Government by Messrs. Fyffe, Keene, and Tinline, for sheep runs, and part of which has also been purchased by them from the Crown.
2.	That on my refusal to pay £200, unless the whole of the land was surrendered to the Crown, the Natives threatened to eject the settlers from the above-mentioned block.
3.	That I considered if the question was much longer delayed it would probably cost a larger amount to arrange it satisfactorily.
4.	That the European settlers did not feel themselves secure unless the purchase was completed, the Natives having, in various ways, annoyed them by driving the sheep off the runs, preventing the settlers cutting timber, and from erecting buildings on their runs, and on several occasions, threatening that if they were not paid for the land, they would turn them off.
5.	That although I did not think much of the threats of the Natives about ejecting the European residents, still they might be very troublesome, and should they turn any of them off land which had been purchased from the Crown, the person ejected would have strong claims to compensation, from the Government for selling him land, over which the Native title had not been properly extinguished; and the sum of £100 would be but a small item in comparison with the loss, which would be sustained by the Government in such a case, not to speak of the probable expense of making, page 36 a future arrangement with the Natives, as in the case of Pirika and Caldwell at Tukurua, Massacre Bay.
6.	That the Natives were not willing to defer the payment until I could write to Auckland for instructions, assigning as a reason that they already been deceived by the Government, and ought to have been paid long before.
7.	That on my taxing the Chief Kaikoura (Whakatau) with breach of faith, in now asking £10,000 for land which he had formerly agreed to sell for £150, he repudiated having done so, merely stating that he had expressed his willingness to dispose of it, but had not mentioned the price. That although I produced a copy of Mr. Hamilton's report, the whole of them steadfastly denied haying ever offered the whole of the land for £150.
8.	That the Natives were thoroughly acquainted with the value of the land they Were selling, instancing the payment of £7800 to Government by Mr. Robinson for a small piece of the block now offered for sale by them, and several others of the same nature. 9 That I felt assured it would be impossible to get them to surrender their claims for less than £300, as I could not advance any more arguments against them than I had done, and although they admitted that I had controverted every argument made by them, they obstinately persisted in refusing to take £200.
10.	That it was not without considerable difficulty that I managed to get them to consent to receive even £300, and I had to make a false start to Port Lyttelton before they could be brought to assent to it.

The reserves laid off in the Kaikoura district, consist of 4,800 acres between the Rivers Parangarau and Hapuka, 100 acres of forest land at Pukaka; about 22½ acres at Kaikoura Pah, 12½ acres at Opokihi, and 3 acres 1 rood at South Bay, Kaikoura, 56 acres on the North bank of the River Kahutara, about 20 acres at Te Kiekie, 12 acres at Waiarakiki, 6 acres at Omihi, 84 acres at the River Oaro, 10 of which are situated on the south, and. 74 on the north bank of it, and about 450 acres at Mikonui, amounting altogether to about 5,566; this quantity of land may appear large, but it is of the most useless and worthless description, (especially the block of 4,800 acres), and the total value of it cannot be estimated at more than £450 or £500, in fact it is questionable from the nature of the reserves whether they will be found more than barely sufficient for the wants of the Native population, and for the increase of their horses and cattle, of which they now possess considerable numbers, one of the best proofs of which is that they have applied to me to be allowed to purchase land from the Government, to the extent of about 400 acres within the block just ceded by them to the Crown.

The whole of the above reserves have been laid off and definitely marked by me, as I found it impossible to procure the services of a Surveyor as they were all employed in surveying sheep-runs in the Amuri district, and could not be placed at my disposal, as a great deal of the land was to be put up at the May sale; I had therefore no alternative but either to lay off the reserves myself, or leave them undefined. Although the duty thus imposed on me caused considerable delay, and will probably prevent my completing the Arahura question this season, I considered it expedient to leave the whole question on a complete and secure basis, and took upon myself the responsibility of the survey. I am afraid it has not been done in as scientific a manner as by a practical Surveyor, still I do not think that any question can possibly arise hereafter as to the locality or extent of the reserves; as I invariably took care to have at least one natural boundary, or more if possible, so as to unalterably fix the position.

I have the honour to enclose the original plans of the reserves, (copies of which I have transmitted to the Commissioner of Crown Lands, Nelson, and the Kaikoura Natives).

Should any further information be required, or any difficulty arise as to the proceedings at Kaikoura, I shall be able to furnish the minutes of the whole of my proceedings in the above question.

No. 5.
The Chief Land Purchase commission, to the Assistant Native Secretary, Auckland.

Sir,—

I have the honour to request that you will bring under the notice of His Excellency's Government, at your earliest convenience, the enclosed reports from Mr. James Mackay, Assistant Native Secretary, detailing his proceedinge in reference to the purchase of lands from the Natives at Kaikoura.

I also enclose the draft of the reply which I have sent to his communications, and have to request that you will take an early opportunity of applying to the Government for a refund of the sums advanced by Mr. Mackay out of his private funds, to the extent of £80; as also to obtain credit for the Sub-Treasurer at Lyttelton, for an advance of £20 made by that Officer to Mr. Mackay.

By this opportunity I also enclose the original Deed of sale, together with several other documents connected with the reserves which have been set apart for the Natives. All these should be carefully registered.

No. 6.
The Chief Land Purchase Commissioner, to Mr. James Mackay, Junr.

Sir,—

I have the honour to acknowledge the receipt of your letter dated Christchurch, 19th April, 1859, stating that you had extinguished the claims of the Ngaitahu Natives of Kaikoura and Kaiapoi to the lands to the northward of the Hurunui, for a sum of £300.

I observe from your report that you have had considerable difficulty in inducing the Natives to accept of a smaller amount.

Considering the difficulties you have been exposed to, and the necessity for finally settling the question, I shall take an early opportunity of bringing your proceedings on this matter under the consideration of the Government for approval.

I regret that in consequence of my absence from Auckland your communications have remained so long unanswered.

I have at the same time to acknowledge the receipt of your correspondence with the Sub-Treasurer at Lytttelton, together with your letter of the 22nd April, upon the subject of a reserve which you recommended should be purchased for the Natives.

With reference to the sum of £20 advanced to you by the Sub-Treasurer in excess of the £80 which he was authorized to pay, I have recommended that he should be credited with the amount.