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

Copy of a Report by Walter L. Buller, Esq., R.M., on the partition and individualization of the Kaiapoi Reserve

Copy of a Report by Walter L. Buller, Esq., R.M., on the partition and individualization of the Kaiapoi Reserve.


In December, 1859, I proceeded to Canterbury, under instructions from the Government, to visit the various Native settlements, and to report generally upon the condition and requirements of the Natives in that Province.

In the report of that mission (dated 27th December, 1859,) which I had the honour to submit to His Excellency the Governor, when at Christchurch, I took occasion to notice the unsatisfactory state of feeling among the Natives of Kaiapoi arising out of disputed claims to bush on their reserve; and I urged the partition and individualization of the land and the issue of Crown grants to the Natives, in severalty, as the only effectual remedy for the evils complained of. The following extract from my report will show now it was proposed to effectuate this:—

"At a public meeting of the Kaiapoi Natives, when this subject was under discussion, I elicited their sentiments by putting forward the following suggestions; all of which met their approval.—

"1.That the primary sub-division and apportionment of the land should be arranged by them in runanga.
"2.That as a fundamental condition of the proposed grants, the estates and interests created thereby should be entailed, so as to make them inalienable to persons of other than the Maori race.
"3.That the power of leasing, if allowed, should be modified by certain conditions or limitations
"4.That the whole of the attendant expenses should be borne by the Natives themselves,—a sufficient portion of the land being set apart for that purpose.
"5.That suitable endowments should be made for the several objects of churches, school, and hospitals.
"6.That the arrangements contemplated in the two foregoing clauses should be carried out prior to the apportionment of the land (i. e. whilst it is common property).

"Without committing myself to the above, or in any way compromising the Government, I have obtained the general acquiescence of the Natives therein; and I believe that, if judiciously managed, the object in view may be safely accomplished."

The subject was again brought before the Governor by the Natives themselves at the general meeting in Lyttelton on the 6th January following. The address presented to His Excellency on that occasion (see Maori Messenger, January, 1860), thus earnestly expressed their desire:—

"The voice of all the people is that our land reserves be sub-divided so that each may have his own portion. Our reason for urging the sub-division of our land is that our difficulties and quarrels may cease, and that Christianity and good works may thrive amongst us."

His Excellency expressed entire concurrence in the recommendations of my report, and promised the Natives that their wishes should be complied with.

The Native Secretary (then visiting Canterbury), while extremely anxious to give effect to the proposed Individualization, viewed the experiment as a somewhat uncertain one, and was unwilling that the Government should incur the expense of an actual survey while the issue remained doubtful. Accordingly I was instructed to proceed to the ground, and, aided by the chiefs, simply to mark out and apportion the land among the respective claimants, with the clear understanding that should such provisional partition hold good for a period of twelve months, the Government would give it per-mance by surveying the parcels and properly defining the boundaries; and that when every obstacle had been removed, His Excellency would secure to the Natives their respective holdings by Crown grant.

In so far as concerned the open land, the task of carrying out these instructions promised to be a comparatively easy one; but in dense bush where both area and position would be (in the absence of a survey) purely conjectural; where the so-called individual claims were involved and conflicting; and where the bush to be apportioned differed widely in character from heavy timber to light wood; I plainly foresaw that to divide it to the satisfaction of all parties would be a matter of no little difficulty. I was therefore most anxious to have the services of a competent surveyor, to assist me in fixing approximately the area and determining the position of the bush parcels, as this would have considerably facilitated and shortened my work. As it was, however, I had simply to carry out my instructions, and, in the absence of professional aid, to rely entirely upon my own resources.

Notwithstanding this disadvantage, circumstances so far favoured me, that two months afterwards I had the satisfaction of reporting to the Government (25th May, 1860), that "the attempt to place this valuable reserve on the new footing of individual tenure had proved entirely successful."

As I have been led to regard the individualization of the Kaiapoi reserve as an experiment, the success of which would go far to determine the Government in some general and comprehensive scheme for the partition of Native lands and the individualization of title, I consider it my duty to furnish a full and particular account of my proceedings, and of the results which attended them. I shall, page 96therefore, as suggested by the Native Minister, lose sight of the interim reports sent in during the progress of the work, and take up the whole subject from the beginning, noticing each point in its proper order.

It seems proper that I should give in the first place, a short and general description of the reserve itself.

II.—Kaiapoi Reserve.

Distant only 13 miles from Christchurch, lying midway between the townships of Rangiora and Kaiapoi, within a mile of a shipping port, having two miles frontage on the main north road, and water access by the Korotuaheka stream along its western boundary—the Tuahiwi or Kaiapoi reserve has indeed a commanding position. It contains 2640 acres of land, perfectly level, and for the most part, of excellent quantity. About one-fifth of the reserve is densely wooded, the remainder consists of open grass, and flax land, well watered, and available either for pasture or agriculture; some parts of it are swampy, but the whole of it, (if we except a deep morass on the western side), might be thoroughly drained at a cost of £70 or £80. Owing to the general scarcity of wood in the Canterbury Province, the bush on this reserve commands a ready sale and high price, whether as sawn timber or firewood.

More than 10 years ago (when the Canterbury settlement was in its infancy), Mr. Commissioner Mantell, in a letter to the Colonial Secretary, described this reserve as a "fine and valuable estate." Since that time it has continued to rise in value in a corresponding ratio to the progress of European settlement in the neighbourhood.

If we take the bush land to represent an average value of £48 per acre, and the open land £10 per acre, (a very moderate estimate), we have a result of £45,000 as the present market value of the Kaiapoi reserve. Already it is a really valuable property, and, with proper management, it cannot fail to attain, ere long, a position of high commercial importance.

This estate belongs to about 200 Natives, about one-half of whom are absentee owners.

Considering the real and prospective value of the Kaiapoi reserve, its proximity to European settlements, its advantageous position as regards road and water communication, and its general suitableness for a small farm settlement, I doubt if the Government could have found anywhere a more eligible place in which to try the experiment of individualization.

III.—Preliminary Steps.

In commencing my work at Kaiapoi, my first aim was to establish the runanga upon a firm and satisfactory footing, and to make this the recognised medium of all my operations with the Natives.

I was desirous that the partition and apportionment of the reserve should practically devolve upon the owners themselves. Herein lay my best hopes of success, while, at the same time, I felt that by making the runanga a party to the arrangement, the Government would have some guarantee that the work rested upon a sure and permanent basis.

As all had a common interest in the land, I selected the open or democratic form of runanga— that in which all the adult males take part, and where questions are decided only by a large majority of those present,—as that best calculated to give general satisfaction, and to promote the success of the undertaking.

Rules for regulating the proceedings of the runanga, and for preserving order, were framed by a Committee of the principal chiefs, and an officer (a young man of rank) was appointed to enforce their observance. The Kaiapoi runanga was, in fact, a general meeting of shareholders, met for a common object, all enjoying the same privileges, and amendable alike to rules of discipline. The old chiefs were (out of respect) always invited to speak first, but the younger and more intelligent men took the more active part in debate, and virtually ruled the decisions of the meeting.

The first step was to obtain the concurrence of the runanga in some general principles that should regulate the division and apportionment. After long and earnest discussion, the following rules were unanimously agreed to:—

1.—Rules relating to the open Land.

(1).The land to be divided equally among the recognized owners without reference to rank.
(2).The women not to have shares part from the men, i.e., the married woman to have a joint interest with her husband, and the spinster with her nearest unmarried relative, (several exceptions to this rule).
(3).No difference to be made in favour of the married man, or man with family.
(4).Children (i.e., under 14) not to be entitled to separate shares, except in the case of orphans.
(5).Only such of the foreign Maoris (i.e., immigrants from other Provinces) as have married Ngaitahu women and become permanent residents, to be entitled to a full share.
(6).Natives not having an absolute claim, but related to shareholders, may be admitted at the discretion of the runanga, the extent of the share in such cases to be determined by general consent.

2.—Rules relating to the Bush Land.

(1).The bush land to be allotted to individuals, or to associations of two or more, as the runanga may agree.
(2).The corners of the bush allotments to be fixed by marked trees; these boundaries to be considered inviolate, and no alteration afterwards made in them.
(3).A shareholder having either sold bush to the Pakehas, or cut it on his own account, to retain the land from which the timber has been removed.
(4).One person may retain two or more of such parcels, provided they do not, in the aggregate, exceed what the runanga may consider his fair share; such award to be reckoned against him in the apportionment of the remaining bush land.
(5).Small reserves of bush to be set apart for church purposes.
page 97

IV.—The Partition.

Having thus obtained the unanimous consent of the shareholders to the primary rules that should govern the division and apportionment, I at once commenced the partition of the open land. Attended by nearly the whole of the resident Natives, and assisted by two Native Surveyors, I traversed the boundaries and made a rough survey of the reserve. Following a dry shingle ridge, I laid down a central road (one chain wide) so as to connect the church bush road with the Rangiora, and thus give road access to the Native Industrial School and to the Tuahiwi bush. From this central road, lateral branches (half a chain wide) divided the open land into twelve blocks, varying in extent, and so planned that every farm in the sub-division would have sufficient road frontage and easy access to the Government trunk line.

Having ascertained the acreage of these blocks respectively, I proceeded to allot them to the various hapus, in such a way as to allow to each individual a farm of fourteen acres. By thus associating the members of one hapu in the same block, and afterwards regulating the allotment of the particular farms according to the rule of family connection, a very important point was gained. From the willingness of near relatives to meet each other in a spirit of mutual accommodation, or preference, I had no difficulty in finding allottees for all the farms, although they differed very much both in quality and in position value.

Exceptions were made in the extent of some of the farms, but as I shall speak more fully of these in another part of this report, I need not here explain the reasons.

The difficulties with the bush were such as I had anticipated. So clamorous and disputatious were the Natives about the better parts of it, so exaggerated their ideas of its extent, and so much at fault were they in estimating acreage, that, at the outset, there was much danger of the attempt to partition it proving an utter failure.

I would strongly recommend that for the future, in a work of this kind, the survey and the apportionment should go hand in hand, especially in cases where there is bush to be sub-divided. In a dense forest even the most experienced eye is utterly at fault in computing areas, or indicating the proper direction of divisional lines; and consequently an apportionment made in this way is always sure to cause dissatisfaction when (as is likely to be the case,) the actual areas are afterwards found to be so much at variance with the estimated ones. I confess that I was myself not a little surprised to find that my apportionment of the Kaiapoi bush, made as it was entirely by guess-work, proved, upon survey, to be, upon the whole, so satisfactory; and I can only consider it a fortunate accident.

I may here explain that the partition of the bush was altogether a separate matter to that of the open land; and that it is not proposed that Crown Grants should be issued to holders of bush parcels under the present arrangement. Most of these parcels have been allotted to several Natives in common and in such cases the real advantage of a Crown Grant, that of securing land to them in severalty, would be lost.

The sub-division of the bush land is, in fact, a provisional one. It has not been made so much with a view to individualization as to an adjustment of disputed claims. The Natives (who are, in the end, to be charged with the whole cost of the survey,) are unwilling to incur the unnecessary expense of cutting timbered land into small parcels, when a few family divisional lines would answer their purpose as well; and I fully concurred with them, as I saw that there would be no permanent advantage in securing to a Native a parcel of two or three acres, detached from his farm, irregular in shape, and having no frontage upon a public road. Besides, had the strict individualization of the bush land been carried out, the admitted individual claims to the portions from which timber had been removed prior to the sub-division would have caused endless confusion. As it is, the matter stands thus: Each Native as he removes his allotted share of the bush will quietly appropriate the land. In course of time (say 10 years) the whole of the bush will have been removed, and the land will then revert to the old tenure. It will be a public Domain, at the disposal of the runanga, and available for some object of general benefit.

A report of my proceedings, with full particulars of the partition, accompanied by a plan, was communicated through the Native Secretary, in May, 1860, and received the approval of the Government.

V.—The Sub-divisional Survey.

In May, 1861 (pursuant to promise made to the Natives), I received instructions to proceed again to Canterbury, and to cause a general sub-divisional survey of the reserve to be made in conformity with the arrangements of 1860.

The Provincial Government readily undertook the survey and detached for this service Mr. John C. Boys, the district Surveyor, together with an assistant. Two Native Surveyors were engaged by the runanga (at 5s. per diem) to assist in cutting lines, driving pegs, &c. For the partition of the bush it was found necessary to increase the staff.

For a full insight into the survey, I must refer the Government to the map which accompanies this report. I may briefly state that the bank of the river, the margin of the bush, and the boundaries of the reserve, as shewn upon this map, have all been re-surveyed by Mr. Boys; that every division line shewn upon the plan has been cut; and that all the lengths given are the results of actual measurements on the ground.

It will be seen that in the open land 122 parcels have been allotted. These contain 14 acres each, with the following exceptions:—Nos. 7, 12, 19, 44, 53, 57, 68, 69, 70, 71, 72, 73, 74, 84, 91, 97, 100, 101, 103, 105, 110, 112, 115, 120, and 122.

In some cases it was found necessary to make the farm a little more or less than 14 acres, in order to preserve uniformity in the shape of the block; in some an acre was added in consideration of the land being swampy; while in others the farms were made of limited extent to meet a decision of the runanga.

With the consent of the Natives, I made the following reserves for public purposes:—

1.A drain reserve, having a uniform width of half a chain, from the angle of the main road, at page 98section 95 to the Korotuaheka stream. The fall in this line is such that an outlay of about £60 would suffice to drain the whole land on the eastern side of the Tuahiwi Road.
2.A reserve, one-quarter of a chain wide, along the bank of the Korotuaheka, in order to secure to all in common the privileges of the river (fishing &c).

And 3. The side of the old Kaiapoi Pa, comprising five acres, which is intended to be set apart as a Native Cemetery.

VI.—The Allotment.

As I have already furnished the Government with a description of each of the parcels, prepared expressly for the Crown Grant, I shall confine myself here to an abstract of them with the names of the respective [unclear: allottes]:—


1. Fourteen acres. Manahi Iri, of the Ngaitahu tribe
2. Fourteen acres. Horomona Tahunu (half-caste), of Ngaitahu
3. Fourteen acres. Rihari Paienui, of Ngatirarua
4. Fourteen acres. Pita Mutu, of Ngaitahu
5. Fourteen acres. Teoti Pita Hape, of Ngaitahu
6. Fourteen acres. Te Wakena Kokorau, of Ngaitahu
7. Fifteen acres. Te Wirihana Kirikau, of Ngaitahu
8. Fourteen acres. Rewiti Te Akau, of Ngaitahu
9. Fourteen acres. Arama Tahuna, of Ngaitahu
10. Fourteen acres. Henare Ta Whakaawhi, of Ngatiapa
11. Fourteen acres. Ruera Irikapua, of Ngaitahu
12. Fourteen acres. Herewini Ira, of Ngaitahu
13. Fourteen acres. Teoti Paiapa (half-caste), of Ngaitahu
14. Fourteen acres. Punuitonga, of Ngaitahu
15. Fourteen acres. Tiaka Parete (half-caste), of Ngaitahu
16. Fourteen acres. Haati Toromi, of Ngatiawa
17. Fourteen acres. Maika Poroteke, of Ngaitahu
18. Fourteen acres. Te Koreka, of Ngaitahu
19. Thirteen acres. Teoti Herewini Te Whakatauka, of Ngaitahu
20. Fourteen acres. Te Kahu, of Ngaitahu
21. Fourteen acres. Petera Kahutuanui, of Ngaitahu
22. Fourteen acres. Matenga Te Rapa, of Ngatitoa
23. Fourteen acres. Te Haena Huri, of Ngaitahu
24. Fourteen acres. Hakopa Te Ataotu, of Ngaitahu
25. Fourteen acres. Himiona Pohata, of Ngaitahu
26. Fourteen acres. Ruka Taipo, of Ngaitahu
27. Fourteen acres. Tame Te Io, of Ngaitahu
28. Fourteen acres. Horopapera Momo, of Ngaitahu
29. Fourteen acres. Watene Whakauira, of Ngaitahu
30. Fourteen acres. Hone Paratene Tamainuirangi, of Ngaitahu
31. Fourteen acres. Henare Korako, of Ngaitahu
32. Fourteen acres. Te Teira Turakina, of Ngaitahu
33. Fourteen acres. Hapimana Te Kawe, of Ngaitahu
34. Fourteen acres. Hakuira, of Ngatiawa
35. Fourteen acres. Hemi Pukahu, of Ngaitahu
36. Fourteen acres. Tukaruatoro, of Ngaitahu
37. Fourteen acres. Hone Potoko, of Ngaitahu
38. Fourteen acres. Matiu Hutoi, of Ngaitahu
39. Fourteen acres. Tare Wiremu, Rangitira, of Ngaitahu
40. Fourteen acres. Wiremu Naihira, of Ngaitahu
41. Fourteen acres. Te Koro Maitai, of Ngaitahu
42. Fourteen acres. Hapurona Taupata, of Ngaitahu
43. Fourteen acres. Ihaia Taihewa, of Ngaitahu
44. Ten acres. Kakahi and Heni Hinewahia (widows), jointly (not proposed to issue a Crown grant)
45. Fourteen acres. Hopa Paura, of Ngaitahu
46. Fourteen acres. Reupene Kuri, of Ngaitahu
47. Fourteen acres, Reihana Tuohu, of Ngaitahu
48. Fourteen acres. To Wiremu Te Uki, of Ngaitahu
49. Fourteen acres. Te Meihana Tawha, of Ngaitahu
50. Fourteen acres. Harawira Tarakou, of Ngatikakungunu
51. Fourteen acres. Te Marc, of Ngaitahu
52. Fourteen acres. Matana Piki, of Ngaitahu
53. Two Acres. Ria Paina, wife of Matana Piki, of Ngaitahu
54. Fourteen acres. Riwai Kairakau, of Ngaitahu
55. Fourteen acres. Apera Pukenui, of Ngaitahu
56. Fourteen acres. Tuini Pihawai, of Ngaitahu
57. Five acres and a half. Riua Te Waipunahau, (a widow) of Ngaitahu
58. Fourteen acres. Arapata Koti, of Ngaitahu
59. Fourteen acres. Arapera Te Motukatoa, of Ngatiawa
60. Fourteen acres. Ihaka Pouhawaiki, of Ngatitoa
61. Fourteen acres. Wiremu Poukuku, of Ngaitahupage 99
62. Fourteen acres. Poharama Burn, of Ngaitahu
63. Fourteen acres. Hori Te Maiwhakarea, of Ngaitahu
64. Fourteen acres. Paora Taki, of Ngaitahu
65. Fourteen acres. Hohaia Tautakehina, of Ngaitahu
66. Fourteen acres. Teone Wetere Tahea, of Ngaitahu
67. Fourteen acres. Arapata Poukaka of Ngaitahu
68. Fifteen acres and a half. Horomona Pa of Ngaitahu (made of this size by consent of the runanga, to include Horomona's cultivations)
69. Fifteen acres. Ripene Te Waipapa, of Ngaitahu (this and the five following parcels made of this size in consideration of the land being swampy)
70. Fifteen acres. Ihaia Tainui, of Ngaitahu
71. Fifteen acres. Wiremu Pukupuhia, of Ngaitahu
72. Fifteen acres. Hoani Uru, of Ngaitahu
73. Fifteen acres. Teoti Te Wahia, of Ngaitahu
74. Fifteen acres. Erueti Tihema, of Ngaitahu
75. Fourteen acres. Aperahama Te Aika, of Ngaitahu
76. Fourteen acres. Teone Rehu, of Ngaitahu
77. Fourteen acres. Wiremu Te Pa, of Ngaitahu
78. Fourteen acres. Wiremu Koti, of Ngaitahu
79. Fourteen acres. Matene Ruhu, of Ngaitahu
80. Fourteen acres. Paora Tua, of Ngaitahu
81. Fourteen acres. Irai Tihau, of Ngaitahu
82. Fourteen acres. Tahana Hapaikete, of Ngaitahu
83. Fourteen acres. Hoani Timaru, of Ngaitahu
84. Ten acres. Pohau, of Ngaitahu
85. Fourteen acres. Poihipi Te Orahui, of Ngaitahu
86. Fourteen acres. Te Manihera Te Apehu, of Ngaitahu
87. Fourteen acres. Peneamini Parekuku, of Ngaitahu
88. Fourteen acres. Teoti Wiremu Te Hau, of Ngaitahu
89. Fourteen acres. Moroati Pakapaka, of Ngaitahu
90. Fourteen acres. Wereta Tainui, of Ngaitahu
91. Twenty acres. Endowment to Church of England for Native Industrial School
92. Fourteen acres. Te Wekipiri Korotipa, of Ngaitahu
93. Fourteen acres. Te Weiti Te Wahine, of Ngaitahu
94. Fourteen acres. Te Korihi, of Ngaitahu
95. Fourteen acres. Paora Tau, of Ngaitahu
96. Fourteen acres. Iharaira Tukaha, of Ngaitahu
97 Fourteen acres and a half. Reatara, of Ngaitahu
98. Fourteen acres. Pita Te Hori, of Ngaitahu
99. Fourteen acres. Teone Pere, of Ngaitahu
100. Seven acres. Ihaka Te Apu, of Ngatiraukawa
101. Five acres. Reserved for Native cemetery
102. Fourteen acres. Pitama Karatiti, of Ngaitahu
103. Fifteen acres. Hakopa Tohitama, of Ngaitahu
104. Fourteen acres. Mikaera Turangatahi, of Ngaitahu
105. Fifteen acres. Hapakuku Kairua, of Ngaitahu
106. Fourteen acres. Eruera Hui, of Ngaitahu
107. Fourteen acres. Hoani Maka Pohata, of Ngaitahu
108. Fourteen acres. Horomona Pohio, Ngaitahu
109. Fourteen acres. Hohepa Huria, Ngaitahu
110. Eleven acres. Hohaia Te Kotuku, of Ngaitahu
111. Fourteen acres. Tamati Te Ao, of Ngaitahu
112. Twelve acres and a half. Teoti Tauteori, of Ngaitahu
113. Fourteen acres. Horomona Haukeke, of Ngaitahu
114. Fourteen acres. Teo Mati (half-caste), of Ngaitahu
115. Four acres and a half. Wesleyan Church Endowment.
116. Fourteen acres. Hoani Korako, (half-caste) of Ngaitahu
117. Fourteen acres. Tamati Tikao, of Ngaitahu
118. Fourteen acres. Hamiora Tini, of Ngaitahu
119. Fourteen acres. Taituha Hape, of Ngaitghu
120. Seventeen acres. Henare Tawhiri,* of Ngaitahu
121. Fourteen acres. Te Watarauhi Koeti, of Ngaitahu
122. Three acres. Kotihotiho, (a widow), of Ngaitahu

The Bush Parcels were allotted as follows:—

1. Four acres. Hakuira Tamaranga and Tukaruatoro, jointly
2. Three acres. Turi Te Wera, Henare Korako and Te Teira Turakina, jointly
3. Three acres and a half. Tamati Tikao and Haata Toromi, jointlypage 100
4. Three acres and three-quarters. Teoti Te Wahia and Teone Pere, jointly
5. Five acres and a quarter. Te Koro Maiti, one-half of the bush being reserved for church purposes
6. Three acres and three-quarters. Te Hapimana, Te Kawe and Watarauhi Koeti, jointly
7. One acre. Pohoareare and Patoromu Te Ao, jointly
8. Six acres and three-quarters. Tihema, Paora Tua and Moroati, jointly
9. Four acres and a quarter. Haimona Pita Mutu, Te Watene Kokorau, Hapurona Taupata, jointly
10. Two acres and a half. Te Meihana, Tawha, and Tuini Pihawai, jointly
11. Two acres. Reihaua Tuohu and Rupene Kuri, jointly
12. Seven acres and three-quarters. Hoani Korako, Teoti Te Korihi, and Hoani Hape, jointly
13. Twelve acres and a quarter. Horomona Tiakitahuna (half-caste), Reneti Te Akau, Manahi Iri, Poihipi Te Orahui, Pene Parekuku, Henare Mahuika, Manihera Te Apehu, and Teoti Hape, jointly
14. Five acres and a quarter. Hakopa Te Ataotu, Aperahama Te Aika, and Ruera, jointly
15. Three acres and a quarter. Ihaia Tainui and Te Mutu jointly
16. Four acres and a half. Wiremu Te Pa, Irai Tihau, Koreke, and Horopapara Hape, jointly
17. Eight acres and a half. Wereta Tainui, Matene Rehu, Eruera Hui (half-caste), and Te Ha (a woman), jointly
18. Two acres and a half. Hoani Timaru
19. Ten acres. Ihaia Taihewa, Maika Poroteke, and Hoani Hape, jointly
20. Five acres and a half. Tame Te Ao, Haata Toromi, and Karauria Kapiti, jointly
21. Twelve acres and a quarter. Wiremu Naihira, Tare Rangatira, Matiu Hutoi, Te Wirihana Kirikau, and Tiaki Parete (half-caste), jointly
22. Seven acres and three-quarters. Arapata Koti, "Wiremu Koti, Taitahu Hape and Rupene Waipapa, jointly
23. Five acres and three-quarters. Horomona Pa and Herewina Ira, jointly
24. Nine acres and a half. Tame Te Io, Ruka Taipo, and Himiona Pohata, jointly
25. Thirteen acres. Horomona Haukeke, Teoti Paipa (half-caste), Tamati Wiremu Te Hau, Hamiora Tini, and Teoti Herewini, jointly
26. One acre and a half. Matana Piki
27. Two acres. Hoani Paratene Tamainuiarangi
28. Two acres. Pita Te Hori
29. Three-quarters of an acre. Rina Te "Waipunahau (a widow)
30. Three acres. Te Haeana Huri
31. Two acres. Te Watene Wakauira
32. Two acres and three-quarters. Pitama Karatiti
33. Three acres and a quarter. Ihaka Pouhawaiki
34. Two acres. Hapakuku Kairua
35. Three acres and a quarter. Mikaera Turangatahi
36. Seven acres and a quarter. Hoani Uru, Arapata Poukaka, and Kupere, jointly
37. Twenty-two acres and a quarter. Hoani Mahaka Pohata, Te Kotuku, Horomona Pohio, and Paora Tau, jointly
38. Four acres and a quarter. Hohepa Huria and Eruera Puhiohio, jointly
39. Four acres and a half. Hone Potoko and Teoti Tauteori, jointly
40. Three acres and a quarter. Paora Taki and Te Maiwhakarea, jointly
41. Four acres. Hera Mohura (a woman), Punuiotonga, Te Kahu, Hone Wetere Tahea, and Hohaia Tautakehina, jointly

The detached clumps of bush (chiefly dead trees) were allotted as follows:—

Te Waimango to Hakopa Hutai; Te Parikoau to Hemi Pukahu; Hekanui to Hopa Paura; Te Waituere to Wiremu Te Pukupuhia; Pukuharuru to Herewini Kairakau; Tarekautuku to Mohi Patu; Te Kotuku to Te Wiremu Uki, Te Weiti Wahine; Mohi Puhorakai, Te Harawira Tarakan, and Kingita Tarewa, jointly; Oteaoparaki-iti to Enoka Kaurehe; and Oteaoparaki-nui to Te Wirihana Piro.

The clump of bush on the western side of the Karangat[gap — reason: damage]hi stream, and known as Oruatamatea, was allotted to Hakopa Tohitama and Teone Rehu, jointly; half an acre being reserved for church purposes.

The division of the bush land was regulated very much by the quality of the timber; and the quantity already sold by private individuals was considered in determining their respective shares.

Before leaving Canterbury I prepared and gave to each Native a plan of his allotment with a certificate of ownership.

VII—Excluded Portions.

The triangular block at the north-eastern extremity of the reserve was, by common consent, excluded from the individualization. It contains 50 acres of excellent land, and from its position value, would probably command a price of from £15 to £20 per acre. I was anxious to keep this block open for the present, as it is yet uncertain whether the Natives may not have to raise funds, by the sale of land, for re-payment to the Government of the cost of the sub-divisional survey. They are relying on the road compensation money due from the Provincial Government as a means of meeting this charge. I thought it right, however, to guard the interests of the Government by having a reserve upon which to fall back should these funds prove insufficient.

The deep swamp on the western, and the sandy strip on the eastern side of the reserve, together page 101with the long arm forming the entrance to the reserve on the south, were also excluded, and for the following reasons:—
I.The Natives were decidely averse to the individualization of the deep swamp as a part of the general partition, for the simple reason that it is at present, and is likely long to remain, wholly unavailable for the purposes of husbandry.

The expense of effectually draining this swamp would be considerable, and, in the present circumstances of the Natives, the undertaking could be carried out only by joint enterprise. The main Rangiora water course (now in contemplation by the Provincial Government) will, when constructed, carry off much of the surface water from this swamp, but no substantial advantage can be gained without tributary cutting, and these must be made by the people collectively.

I have no doubt that ultimately what is now swamp will become the most valuable property in the reserve, but this must be a matter of time—probably many years. The scheme of partition aims at a fair and equitable division of the land with a view to immediate occupation and industrial improvement. It is obvious that to have included the swamp in the individualization would have been, on the one hand, to place a number of the proprietors at a great disadvantage as compared with the rest; while on the other hand, it would have practically shut them out for a considerable while from the profitable occupation of their land, and consequently from the development of those industrial energies which it was the chief aim of this undertaking to promote and stimulate.

II.The strip of land on the eastern side of the reserve is a sandy belt, about 60 chains in length, and varying in width from a few feet to three chains.

Being detached from the rest of the reserve it is, from its limited extent, practically useless to the Natives; and they have therefore asked the approval of the Government to its immediate sale. It would be valuable as frontage to the private property lying at the back of it, and would probably command a price of £15 per acre.

III.The southern arm of the reserve was excluded from this survey for several reasons:—
1st.It is in actual occupation by Kaiapoi residents who have erected dividing fences and built houses upon their respective parcels. Undisturbed possession during a period of years, and acts of ownership long exercised, were admitted by the runanga to establish, in each case, a prior individual right to the piece of land so occupied.
2nd.The resident Natives objected to its being included in the present survey, and the absentee claimants acquiesced in the objection.
3rd.This land is so situated as regards position and frontage value, that the rules which have regulated the division of the open land could not be made applicable here; and consequently its partition, if determined on, must be the subject of a separate arrangement.
4th.There is a very general desire to have this strip of land regularly laid out as a Native township, and for this purpose the present occupants are willing to waive their individual claims. The project of a township at Waituere Point (see my letter, 23rd October, 1861) was abandoned on account of the difficulty of approach to the proposed site during the winter months.

Having road frontage on the one side, and water access on the other, this arm would certainly form a very eligible site, but I was unwilling while the larger undertaking was; unfinished to entertain the proposal of the Natives in reference to the survey of a township.

VIII.—The Moeraki Claim.

Besides the portions already mentioned, a flat of rich alluvial land lying between the Wheki swamp and the Waituere Point, and comprising about 230 acres, has (by the order of the late Native Minister) been excepted from the sub-division.

This exclusion was not contemplated in the provisional partition of 1860 and has been made against the strong protest of the Kaiapoi Natives.

I may briefly state the circumstances:—

When the Hon. Mr. Mantell (as Native Minister) visited Canterbury in December last, I submitted to him a plan of the survey as far as it had proceeded; and explained to him the proposed system of apportionment. He expressed full approval of my proceedings, but objected that no adequate provision had been made to meet the claims of the Moeraki Natives (Otago) to whom a share in this reserve had been guaranteed by himself (as Crown Commissioner), in 1848-49, when engaged in setting out the Native reserves in the Middle Island.

As he considered their claim as extending to about 500 acres, he requested me to reserve the Waituere flat out of the proposed sub-division, and to intimate to the Kaiapoi Natives that this, together with the Wheki swamp and the unallotted block at the north-eastern extremity of the reserve, would be awarded by the Government to the Moeraki claimants.

The announcement of this message produced considerable dissatisfaction among the Kaiapoi Natives, who contended that the non-occupation by the Moeraki people during this long interval amounted to a virtual surrender of any claim they may have had under the arrangement of 1848-49. They ultimately consented to leave the matter in my hands with the understanding that I should state their case to the Government.

I have carefully perused the printed reports of Mr. Mantell's mission, and the other papers relating thereto. The following are the only references to this subject I have been able to find.

In a letter to the Colonial Secretary, dated 30th January, 1849, Mr. Mantell states:—

"There are, including the Kaikainui census, not more than 40 resident Natives between Kaiapoi and the Wai Kerikeri. Most of the Natives resident at Port Levy and other places on the Peninsula belong to, but do not occupy the district. These and (at their request) those living at Moeraki and Murihiku I considered in making the Tuahiwi reserve." Again, in a letter to the Colonial Secretary, dated 24th January, 1850, covering a tabular return, showing the proportion of population to reserves at Kaiapoi and Moeraki he repeats that "it (the Kaiapoi reserve) was made of its present extent in page 102order to admit the Moeraki Natives," and in a note it is added, "average: nearly 11 acres to each individual."

From the above it would appear that the Moeraki Natives have a fair claim to a share in this reserve, but I confess that I cannot agree in opinion with Mr. Mantell as to how far this claim should be considered to extend. As it is, seven of the Moeraki claimants have been admitted to the Kaiapoi partition (by consent of the runanga), and a farm of fourteen acres allotted to each of them.

Considering the paucity of population at Moeraki, and the size of their present reserve (500 acres), I do most earnestly hope that the Government will not insist upon the award indicated by Mr. Mantell; especially because by so doing several bona fide Kaiapoi residents, whose names appeared in my Report of 1860 as recognized allottees, would be absolutely shut out from any share at all in the open land.

I must urge, on behalf of the Kaiapoi people, that prior to any award, 15 farms, of 14 acres each, be reserved from the Waituere flat, and be secured to the following Natives, in severalty, viz., Hoani Tukutuku, Mohi Patu, Hakopa Hutai, Turi Te Were, Pohoareare, Patoromu Te Ao, Te Makarini Mokomoko, Kingita Tarewa, Te Wirihana Piro, Teoti Wira Huanoa, Henare Tawha, Enoka Kaurehe, Hoani Hape Te Ao, Pene Pukuhau, and Hamiora Tohuanuku.

The rest of this land and the Wheki swamp may then be given over to the Moeraki people, and also, should the Government so decide, the unallotted block of 50 acres of which mention has already been made.


An unqestionable benefit has been conferred upon the Kaiapoi Natives by the partition of their reserve. The disputes about the bush have ceased, and now that the family claims are clearly defined, the timber trade with the Europeans, which was stopped by the Government in 1859, may be safely and advantageously re-opened. The individualization of the open land has given a fixity to population, and an impetus to industrial pursuits prophetic of the most satisfactory results.

I feel secure in stating that the partition has given universal satisfaction to the Natives themselves. In my report of May, 1860, I observed that at the general meeting when the final memorandum was submitted for approval there was only one dissentient voice, and that "this proceeded from Teoti Wiremu Te Hau—a man of notoriously bad character, and consequently of no influence,—who puposely absented himself from the previous meetings, and, though invited, declined to attend when the apportionment of the bush land took place. This man now contended for a larger share of the bush than had been allotted him, and demurred to the place assigned him among the farms." It is interesting to note that this is the same man referred to by Mr. Commissioner Mantell, in his letter to the Colonial Secretary (30th January, 1849), in the following paragraph:—

"On Monday the survey was continued, but closed early in consequence of the misconduct of a young man named Metehau, who afterwards returned to the camp, set fire to our hut, and was about to attack me with a tomahawk when he was stopped by the Natives."

Te Hau, finding that he could not reverse the decision of the runanga, ultimately gave up his opposition and took the place assigned him.

I have mentioned this circumstance to show the unanimity of feeling that prevailed, and to satisfy the Government that there is no danger of a future disagreement.

I may sum up by saying that the whole work has been accomplished through the medium of the runanga, that in every particular their approval has been obtained, and that, therefore, the owners themselves stand pledged to maintain the present division inviolate.

* Made of this extent to include a family burial ground.