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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

[Papers Relative to the Setting Apart of Land in Terms of the Stewart's Island Purchase.]

page 69

Papers Relative to the Setting Apart of Land in Terms
of the Stewart's Island Purchase.

Schedule.

No. of series Date. Writer. To whom Addressed. Subject.
1 Mar. 21, 1868 I. N. Watt, Esq. The Hon. Native Minister Inquiring whether the £2000, part purchase money of Stewart's Island, or the interest on it, is available for Educational purposes.
2 April 2, 1868 Under Secretary, Native Department I. N. Watts, Esq. Acknowledging letter of the 21st March, and directing him to take steps to secure a tenant for 2000 acres of land.
3 April 6, 1868 H. T. Clarke, Esq. Memorandum on Mr. Watts's letter of the 21st March, respecting the right of the Otago Natives to share in the proceeds accruing from the £2000 retained out of the purchase money of Stewart's Island.
4 Oct. 19, 1868 I. N. Watt, Esq. The Native Minister Enclosing a letter from Mr. Kingswell, offering terms for the occupation of the land selected in terms of the Stewart's Island Purchase.
6 Nov. 2, 1862 Enclosing copy of a letter received from Commissioner of Crown Lands, Southland.
6& 6a Nov. 25 and 26, 1868 Memorandum by the Hon. J. C. Richmond, and the Attorney-General on the mode of dealing with the the lands chosen.
7 May 15, 1870 Major Heaphy The Under Secretary Enclosing a plan of the land chosen, and recommending that steps should be taken to legalize the occupation.
8 May 31, 1870 Memorandum by the Attorney-General as to the proper mode of dealing with the case.
9 Order in Council proclaiming the land to be subject to the provisions of "The Native Reserves Act, 1856."
10 June 25, 1870 Mr. W. B. Kingswell The Under Secretary Stating that he has been debarred, by local circumstances, from occupying the 2000 acre Block; and asking that a lease should be granted to him to prevent further difficulties.
11 June 28, 1870 Mr. W. B. Kingswell G. S. Cooper, Esq. Adverting to his previous letter, and urging a reduction in the rental in consequence of non-possession.
12 Sept. 5, 1870 The Under Secretary Mr. W. B. Kingswell Acknowledging letters, and stating that a lease will be executed upon the terms originally agreed on, but that the Government have no desire to hold him to his bargain.

No. 1.
I. N. Watt, Esq., to the Native Minister.

Campbelltown, March 21st, 1868.

Sir,—

I have the honour to acknowledge the letter of the number and date quoted in the margin, (No. 102, 6th March, 1868), and will attend to the instructions therein conveyed to me, as soon as the weather moderates; the heavy weather during the past month having prevented any communication with Ruapuke.

In the meantime, I beg to inquire whether the £2000, part purchase money of Stewart's Island, reserved for educational purposes, or the interest upon it, is available for paying the Native share of the salary of the master at Ruapuke or Riverton.

The Natives are very anxious to be informed upon this subject, as they have learned that some of the settlers who reside in Otago and Canterbury have lately claimed an interest in it.

I do not see that by the Deed of Sale, they are precluded from claiming an interest therein, but I recollect it was my impression, I believe derived from Mr. Commissioner Clarke, at the time of the purchase, that the northern Natives were paid so highly for their claims, because they were to derive no benefit from the reserved £2000; and the Rev. Mr. Wohlers informs me that he is under a like page 70impression, viz., that the amount reserved was for the benefit of the Ngaitahu tribe resident in Foveaux's Strait.

I have, &c.,

I. Newton Watt, Resident Magistrate.

The Hon. the Native Minister, Wellington.

No. 2.
The Under Secretary Native Department, to I. N. Watt, Esq.

Native Office, Wellington, April 2nd, 1858.

Sir,—

I have the honour to acknowledge the receipt of your letter No. 184 of the 21st of March, in which you enquire whether the £2,000, part purchase money of Stewart's Island reserved for educational purposes, or the interest upon it is available for paying the Native share of the salary of masters at Ruapuke and Riverton, and in reply I am to inform you that Mr. Clarke has been written to, and requested to state what was his understanding as to who were entitled to receive the proceeds of the lands to be bought with the one-third of the purchase money.

In the meantime I may state that it has been determined, on the advice of the Attorney-General, at once to expend this £2,000 in land in Southland, and with this object you are requested to place an advertisement in the Southland papers, to the effect that a tenant is wanted for 2,000 acres of land, at such place as the tenant may point out, being Crown land in the Province of Southland. Applications to be made to yourself stating the locality, the terms that would be given and other particulars, before a fixed date.

These applications when received should be forwarded to this office with your remarks on each. It is very improbable that the proceeds of this land will, for some time to come, be sufficient to meet all the demands upon it for educational and other purposes, even if it is only applicable for Natives in Foveaux's Strait, and it is clear that the whole proceeds ought not to be devoted to one school at Ruapuke, and the sum of £90, as promised by the Government, would seem to be as large a share as could be expected by these Natives.

As, however, it appears that both you and Mr. Wohlers have given the Natives to understand that the school would be established free of cost, and as the Government is very anxious that there should be no further delay in the matter, the Government will leave it with you to make the best arrangement that can be made under the circumstances for say two years certainly; you will however bear in mind that both in justice to the other Natives interested, and also with a view to promote an interest in the school's success, some small payment should be insisted on if it can possibly be so arranged.

I am to beg that no time be lost in securing a master who should be some one accustomed to teaching and recommended by the Board of Education in Otago.

I may state that if any difficulty is found in obtaining a master, there are several in this Province who could be sent at once. It is very essential that a man of method experience and undoubted character should be obtained, no other consideration should be allowed to have any weight.

W. Rolleston, Under Secretary.

I. N. Watt, Esq., Bluff, Southland.

No. 3.
Memorandum by Mr. H. Tacy Clarke, on Mr. Watt's letter of the 21st March, 1858.

Mr. Watt's impression with regard to the £2,000 retained out of the purchase money of Stewart's Island is correct. The interest upon it was to be expended for educational purposes for Natives resident in the Southland Province, as it was generally understood that the educational interests of the Natives in the Otago and Canterbury Provinces had been cared for when the Natives sold their lands in those Provinces.

H. T. Clarke.

Auckland, 5th April, 1868.

No. 4.

I. N. Watt, Esq., to the Hon. the Native Minister.

Dunedin, October 19th, 1868.

Sir,—

I have the honour to enclose Mr. William Burcher Kingswell's tender, to rent the £2,000 worth of land which be delivered personally to me. Upon discussing the subject with him we agreed (subject to the approval of the Government), upon the following modifications and additions.

Lease to commence on 1st January, 1869. Rent for three years at £75 per annum, and after that for 18 and a half years, (the half year being added that the lease may terminate on 30th June, when all the crops will be out of the ground) at £100 per annum, payable half yearly.

Improvements to be insured from fire by tenant at not less than half their value.

The land to be all fenced in within ten years, and fences kept in repair, other covenants as usual.

Mr. Kingswell has for the last six years been a butcher and grazier, carrying on business in page 71Invercargill, his business has led him from time to time over most of the settled districts in the Provinces of Canterbury, Otago, and Southland, and he confidently asserts that there is no such land to be found elsewhere as that he is about to select.

He was formerly manager of a large cattle station in Tasmania, and is in every way I believe a suitable and respectable tenant, and as his is the only application that has been definitely made within the terms of the advertisement, I strongly recommend that his terms be accepted.

The land is not to be worked as an adjunct to other land upon which all the necessary improvements will be made, but will be worked alone as an individual estate.

Should Mr. Kingswell be accepted, where will the lease be prepared, and who will be the lessors?

I have, &c.,

I. Newton Watt.

The Hon. the Native Minister, Wellington.

Enclosure in No. 4.
Mr. W. B. Kingswell, to I. N. Watt, Esq.

Invercargill, October 5th, 1868.

Sir,—

With reference to your advertisement for a tenant for the 2,000 acres of land (dated 11th May), for Maori educational purposes, I beg to tender for the said 2,000 acres in one block, situated in the Hokonui to be pointed out by me, and I require a lease for 21 years at the following rental, viz., for the first three years £75, and the remaining 18 years at £100, per annum. I promise to occupy and commence building a house on the land as soon as the lease is signed, also to fence the whole block in by the end of the lease, other improvements such as garden, stock-yards, paddocks, and out buildings, to be made by me from time to time as I may require for the proper working of the estate.

I will be happy to meet you on this matter, waiting reply at your convenience.

I have, &c.,

W. B. Kingswell.

I. N. Watt, Esq., Dunedin.

No. 5.

I. N. Watt, Esq., to the Hon. the Native Minister.

Dunedin, November 2nd, 1868.

Sir,

I have the honour to enclose copy of a letter received from the Commissioner of Crown Lands, Invercargill, informing me that Mr. Kingswell has selected the 2000 acres of land on account of the Native Trust, and enquiring in whose name the Crown Grant is to be made, and by whom the expenses of the survey are to be borne.

With respect to the latter question, I would respectfully submit that the expenses of the survey and Crown Grant should be borne by the Province of Southland, as it is a part or the price they gave for Stewart's Island. It is truly a purchase, as though the £2000, that was retained, had been paid to the Natives, and by them invested in the land, and I can see no reason at all why the Province should not pay for the survey as in an ordinary purchase.

With regard to the former question, I presume the Grant will be made to certain trustees. On a former occasion, I recommended that the Hon. Dr. Menzies and the Rev. Mr. Wohlers should be the trustees. Dr. Menzies was then Superintendent, but whether he would consent now to become a trustee, I do not know; and there is a probability of Mr. Wohlers leaving New Zealand in about a year's time. * * *

I would, therefore, recommend that trustees should be appointed from the north, or some place other than the Province of Southland.

I have, &c.,

I. Newton Watt.

The Hon. the Native Minister, Wellington.

Enclosure in No. 5.
W. H. Pearson, Esq., to I. N. Watt, Esq.

Crown Lands Office, Invercargill, October 28th, 1868.

Sir,—

I have the honour to acknowledge the receipt of your letter of the 17th instant, referring to 2,000 acres of land to be selected by Mr. W. B. Kingswell on behalf of the Native Trust.

I now forward a tracing of the land selected by Mr. Kingswell, and granted to him in terms of your letter by the Waste Land Board at its meeting held on the 27th instant, and have to request that you will be good enough to inform me in whose name the Crown grant is to be made out, and by whom the expenses are to be borne.

I have, &c.

Walter H. Pearson,
Commissioner Crown Lands.

I. N. Watt, Esq., Dunedin.

page 72

No. 6.
The Hon. Mr. Richmond, to the Attorney-General.
Memorandum.

Under the terms of the Stewart's Island Purchase Deed, a piece of land has been nominally purchased at the Crown Lands Office, Southland,—that is to say, 2000 acres have been selected on behalf of the Native sellers, as part conditions of the sale. How is this land to be secured?

J. C. Richmond.

25th November, 1868.

No. 6a.
Memorandum by the Attorney-General.

I think the land may be said to be set apart for the benefit of aboriginal inhabitants, and dealt with under the "Native Reserves Acts, 1856, and 1862"; or the land may be conveyed to these persons, who should execute a Deed of Trust. If the land is treated as subject to the "Native Reserves Act", the same course might be taken under Section 8.

James Prendergast.

26th November, 1868.

No. 7.
Major, Heaphy V.C., to the Under Secretary Native Department.

Bluff, May 15th, 1870.

Sir,—

I enclose herewith a plan of 2,000 acres purchased in the Province of Southland, in conformity with the terms of purchase of the Native Title to Stewart's Island.

As you are aware the sum of £2,000 of the purchase money of Stewart's Island was arranged to be expended in the purchase of an estate on the mainland for an endowment for education and other Native purposes.* The land margnally noted and shown in the plan was accordingly purchase d, and has since been let with promise of lease for 21½ years, to Mr. W. B. Kingswell.

The lease, however, is delayed in execution from the circumstance of the land not having been granted by the Crown.

The sum of £75 will be due in ent on the 1st June proximo, and I have the honour to suggest that steps be at once taken to have a Crown grant prepared and issued.

If I may suggest the names of the trustees, I would recommend those of the Commissioner of Native reserves and the Resident Magistrate at Dunedin, Major Heaphy, and I. N. Watt, Esq. The latter gentleman is known by all the southern Natives, and is intimately acquainted with their condition and wants, as well as conversant with the value of land at Southland.

I have, &c.

Charles Heaphy,
Commissioner Native Reserves.

The Under Secretary Native Department, Wellington.

* Allotments 13 and 225, Hokonui District.

No. 8.
Memorandum by the Attorney-General.

I think it better that the Governor in Council should, under the 8th Section of "The Native Reserves Act, 1856," set the land aside as an endowment for the maintenance of schools and relative educational purposes as may be intended for the benefit of the particular Native (defining them under some general terms), then the persons to whom the Governor has delegated his powers under the "Native Reserve Acts" may manage the lands, these persons if they are not so now, may be Major Heaphy and Mr. Watt, they can lease the land and apply the rents.

J. Prendergast.

31st May, 1870.

No. 9.

Copy of Order in Council dedicating the 2000 acres, set apart in terms of Stewart's Island purchase, as an endowment for school purposes for the benefit of the Natives of the Ngaitahu and Ngatimamoe tribes.

G. F. Bowen, Governor.
Order in Council.At the Government House, at Wellington, the seventh day of September, 1870. Present:
His Excellency the Governor in Council.

Whereas by "The New Zealand Native Reserves Act, 1856," it is enacted that the page 73Commissioners appointed under the said Act may, with the assent of the Governor, set apart any lands which shall have been reserved or set apart for the benefit of the aboriginal inhabitants of the Colony, over which lands the Native Title shall have been extinguished, by way of special endowment for schools, hospitals, or other eleemosynary institutions, for the benefit of the said aboriginal inhabitants:

And whereas by "The Native Reserves Amendment Act, 1862," it is enacted that, from and after a certain date all the powers and authorities, which by the said first-recited Act, are given to, or vested in, or which may be exercised by Commissioners appointed under the said Act, shall vest in, and may be exercised by the Governor; and that where, under the provisions of the said first-recited Act, any act is required to be done by Commissioners with the approval or assent of the Governor, it shall be sufficient if such act be done by me Governor with the advice of his Executive Council:

And whereas the piece of land described in the Schedule hereto has been set apart for the benefit of the aboriginal inhabitants of the Colony, and the Native Title over the same has been extinguished, and it is expedient that the same should be set apart for the purposes hereinafter mentioned:

Now, therefore, His Excellency the Governor, in exercise and pursuance of the powers in him vested by the said recited Acts, and by and with the advice and consent of the Executive Council of the Colony, doth hereby Bet apart all those pieces of land described in the Schedule hereto as an endowment for schools, for the construction and repair of school buildings, and other eleemosynary institutions if any, and providing masters and teachers, and payments of salaries of such masters and teachers, and generally for the purpose of founding and maintaining schools for the instruction, education, and benefit of the aboriginal inhabitants of New Zealand, being the Ngaitahu and Ngatimamoe Tribes.

Forster Goring,
Clerk of the Executive Council.

Schedule.

All that parcel of land in the Province of Southland, containing two thousand acres more or less, and being the allotments numbered 13 on the plan of the Waimumu Hundred, and 225 on the plan of the Hokonui District.

No. 10.
Mr. W. B. Kingswell, to G. S. Cooper, Esq., Under Secretary Native Department.

Invercargill, June 25th, 1870.

Sir,—

I have the honour to refer again to the subject on which I gave you information when you were in Invercargill, namely, in the matter of the land assigned to Natives as part purchase of Stewart's Island, a portion of which at the Hokonui I hold under promise of a lease.

I would respectfully submit that the diffculties which have been in the way of my obtaining a lease of the same have been productive of serious loss, interfering with my profitable occupancy and especially with improvements I have been intending to make.

For a considerable period I was unable on account of other claimants, who sought compensation, to get upon the land. This matter I referred to the Provincial Government of Southland, and some correspondence ensued but without avail. I would respectfully submit that to prevent any further loss, a lease be granted me with as little delay as possible, and I would further submit for consideration the propriety, if practicable, of inserting a clause therein permitting the purchase within 10 years, at 23s. per acre.

I have, &c.,

W. B. Kingswell,

The Under Secretary Native Department, Wellington.

No. 11.
Mr. W. B. Kingswell, to G. S. Cooper, Esq., Under Secretary Native Department.

Sir,—

Invereargill, June 28th, 1870.

Referring to mine to you of the 25th instant, relative to the promised lease to me under arrangement with the Natives, I find I have omitted to enter therein upon the question of reduction in the amount of rent fixed.

I would respectfully urge that I am entitled to a considerable reduction from the stipated sum, on the ground of the length of time during which I have been deprived of benefit of occupancy, owing to the claims put forward by parties in possession.

I trust you will take this matter into consideration, and deem it advisable to recommend the reduction.

I have, &c.,

W. B. Kingswell.

The Under Secretary Native Department, Wellington.

No. 12.
The Under Secretary Native Department, to Mr. W. B. Kingswell.

Native Office, Wellington, September 5th, 1870.

Sir,—

I have the honour to acknowledge the receipt of your letters of the 25th and 28th June page 74last, in which you request that a lease may be executed without delay of the 2,000 acres of land held by you under the Government in the Hokonui district, that a reduction may be made in the amount of rent agreed upon between yourself and Mr. Watt, and that a purchase clause may be inserted in your lease.

Now that the plan of the land selected is in the possession of the Government, a Crown grant will be issued to trustees without further delay, after which the trustees will be instructed to execute the lease to you upon the terms originally agreed upon, on the payment by you of the arrears of rent which will then be due.

I regret to inform you that the Government cannot consent to any modification or alteration of the terms originally agreed upon, but there is no desire to inflict any injury upon you, by holding you to your bargain, if you deem it to your advantage to throw it up. The Government will therefore relieve you from further liability in the matter on receiving an intimation of your wish to that effect, accompanied by a certificate from the Bank of New Zealand, that the arrears of rent have been paid to the credit of the Public Account.

I must apologise for the delay which has occurred in answering your letters, and which has arisen from the press of business attendant upon the session of Parliament.

I have, &c.,

G. S. Cooper,
Under Secretary.

Mr. W. B. Kingswell, Invercargill.