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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

No. 39. — Mr. Commissioner Kemp to the Chief Commissioner

page 35

No. 39.
Mr. Commissioner Kemp to the Chief Commissioner.

Reporting further as to the State of his District. District Commissioner's Office, Bay of Islands, 10th June, 1861.

Sir,—

I have the honor to supply the following information on the several points called for in your" letter of the 20th ultimo, in reference to land purchases in this district.

The form filled in as first requested has been already forwarded, shewing the quantity of land now in the hands of the Government, and the blocks for which it is now in negotiation with a view to purchase.

To the first clause of your letter, as to whether any difficulties or claims exist, with reference to any particular block, I have the honor to report that a claim has been made by Marsh Browne Kawiti, for a small portion on the North Kawa-kawa Block of about eight hundred acres (800 acres), for which he asks the sum of two hundred pounds (£200). This claim was not made by him until after the purchase was completed and the money, paid. His reason for making this claim is this, that he did not receive, through his representatives present at the sale, a fair share of the payment which was by general consent and arrangement apportioned to Marsh Browne and his immediate followers, for that particular part of the block.This land is not required, for immediate use, and I have therefore felt it to be my duty to refuse, under the circumstances, the payment of so large a sum. I believe that theclaim may, in course of time, be met and settled for the sum of forty or fifty pounds.

In reply to the second part of your circular, I beg to report that I am not aware of any claims which arise out of transactions not yet completed, neither are there any outstanding payments to be made to the natives on account of any blocks purchased; and in reference to the last paragraph, I have the pleasure to state that I am not aware of any disputes connected with boundaries of landa or reserves within the blocks already purchased or those under negotiation. Bearing in mind the instructions from time to time received as regards the investigation of claims and their final adjustment, I have endeavoured, as nearly as it was possible to do so, to ascertain all, individual as well as general or tribal claims. In some instances much time has been unavoidably taken up, so as to arrive at a satisfactory conclusion and settlement of these claims.

Referring to the blocks purchased throughout the district as they now stand, I do not find any claims or opposition on the part, of the natives, with the exception of the one above mentioned.

On a subject involving so many interests, and a fruitful source of dispute and litigation as between the natives themselves, it became necessary to be guarded and watchful, lest those annoyances should be entailed on the Government or the settlers. I have every reason to hope that this state of things will remain undisturbed so long as agents conversant with the various claims are on the spot prepared to meet any objections that might eventually arise on the part of any unknown native claimants. I desire, at the same time; to be allowed to express an opinion that some modification on the present mode of extinguishing native title would be acceptable to the natives, under which individuals as well as tribes might convey portions of land to persons of the European race, the Government always exercising a check where the parties purchasing are found to be mere speculators rather than bona fide settlers. The question, however, is one deserving such grave consideration that I hesitate to do more than make this incidental reference to a change that might perhaps be beneficial in certain districts to persons of both races, always assuming the Government to be, in such districts, in the full exercise of its power and authority.

On looking through the claims in this district, I cannot find at present any claims or objections on the part of the natives which could not be settled with a little care and management, and none, I think, that would be found to entrammel the Government or bring about a collision with the original sellers.

I have, &c.,

H. T. Kemp,
District Commissioner.

The Chief Commissioner,
Land Purchase Department,

Auckland.