Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

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

The Rapaki Dispute

The Rapaki Dispute.

Mr. Williams applied to have Mr. Mantell's evidence taken at once (without prejudice to Mr. Cowlishaw's case), as it might enable the Crown agents to make some arrangement between the parties in dispute.

Mr. Cowlishaw consented.

Mr. Mantell, being sworn, deposed: I live at Wellington. I was down in this part of New Zealand in 1848, and subsequent years. I was here as a Commissioner, appointed by letter, for the extinguishment of Native claims.

Mr. Williams applied to have the Port Levy Deed put in as evidence.

Mr. Cowlishaw objected. The deed might have been signed by the wrong parties; and if so, the claimants could not be shut out from their share in the Rapaki reserve.

The Chief Judge said that a similar dilemma had occurred in the North Island, in respect to the island of Rangitoto. The Government produced three deeds, signed by various parties, and the difficulty which arose was as to who were entitled to dispose of the island. The Court was obliged to assume in the end that the parties who signed the Deed of Cession in years past had a right to do so.

Mr. Cowlishaw said the deed could not effect the land in issue, and its production was, therefore, irrelevant. He would consent to the evidence being taken de bene esse.

After considerable argument the deed was admitted.

Examination continued: This is what is called the Port Levy Deed; it is dated September, 1849. It was signed at Port Levy. So far as I can remember, the Natives who signed this deed were those whom, after long investigation, I discovered to be the original owners of the block; some of them were resident at Port Levy and some elsewhere. I decided upon who should sign the deed, after hearing what the Natives had to say at the different assemblies. The Natives resided upon part of the reserve, and I fixed upon the block marked on the map because it was the smallest amount I could get them to accept. The whole of the Natives from Kaikoura downwards, with but a few casual exceptions, belonged to the Ngaitahu tribe. I may state in explanation that there are seventy hapus belonging to this tribe. The inference I drew at the time no doubt was that the land set forth in the deed belonged to the Port Levy hapu. I didn't consider myself competent to judge as to whether the title I got from the Natives, on behalf of the Government, was a good or a bad one. The purchase of Port Cooper was prior to this. I proceeded to Port Levy immediately after the conclusion of the Port Cooper purchase. The plan produced shows the Rapaki reserve. It was handed to me by the Surveyor, and, according to the instructions I had received, I handed it to the Native whom I thought to be the proper recipient. I arrived at the conclusion as to who were entitled to the Rapaki reserve in the same way as I did with regard to that of Port Levy. So far as I could judge of the number of Natives in attendance, I concluded that the Natives of the adjacent places were at these meetings. Every Native was at liberty to come forward and state what his claim was; and I eliminated the names attached to deeds from the mass. The Natives signing the deed were reduced by gradual retirement of those who failed to establish a claim. The Port Levy residents were outnumbered by those from other places, who made use of threats of force. I would not have told the Natives that they had no claim; the Maoris have a way of retiring when they find that they have established no claims. Honi Tikau was a leader of the disturbing party. From a letter which he wrote to me, I gathered that those who were shut out from the deed were satisfied that they had established no claims to Port Levy. I think Honi Tikau is not now alive. I know of no occasion of this kind on which there is not a party of disturbing Natives. The names were decided upon by me with the consent of the Natives. I do not recollect that there were any rival claimants with regard to the land sold. The disturbance, so far as I can recollect, took place as to whether the Port Levy residents should be permanent owners of the reserve. There were two sets of Natives at Port Levy, in different bays. One set represented the owners of the land, and the other, chiefly from Kaiapoi, was allowed to remain at sufferance in the wider bay. I was present at a great many meetings.

Cross-examined by Mr. Cowlishaw: At the early meetings the Natives flocked from all parts, as to a fair. Sometimes the meetings were a scene of chaotic confusion; at other times one man was allowed to speak. They stated their claims to me, and I then came to a decision. I don't remember Pita Te Hori going over the boundary of the Port Levy reserve with me. I cannot say whether a temporary division of the Port Levy reserve was made for the purpose of k[gap — reason: illegible]g the Kaiapoi. I cannot answer the question as to whether there was perfect unanimity on the part of the Kaiapoi and Port Levy Natives as to the Port Levy reserve. If Pita Te Hori stated that he objected, I have little doubt but that he is speaking the truth. I suppose the temporary division of the Port Levy reserve page 199would be for the mutual benefit of the Kaiapoi and Port Levy Natives—to prevent collision. When I was at Kaiapoi, the chief part of the Natives from other places came there. Natives very rarely have fixed dwelling places. They have a principal residence, but are great travellers. There was a great deal of indignant speaking as to whether the Natives at these meetings had been conquered by Rauperaha, and the unanimous decision was that they had not been. I learned that some of the Peninsula Natives had returned from alavery. Natives whose claims were admitted, whether they were residing at Port Levy or not, would of course be admitted to a share of the purchase money. The Port Levy Deed was not executed according to the draft given to me by the Government. I believe there have been instances in which land, once purchased by Commissioners for the Crown, has had to be re-purchased, on account of subsequent claims. The claim to the West Coast of Canterbury was understood to be extinguished by Mr. Kemp's Deed, but it has had to be re-purchased. I cannot say how long it was after the assembling of Natives that the sale of Port Levy was assented to—I presume about a month afterwards. I think a number of Natives who had come to intimidate the others went away before the completion of the sale. I took care that those who had a claim to the land remained. So far as I remember each one signed the deed in the presence of the assembly. No one was excluded from signing it. The distribution took place immediately afterwards. A policeman was sent over from Akaroa to assist me in the safe custody of the large quantity of specie I had with me. The practice had been to give the chiefs the sums they are respectively entitled to receive, and leave it to them to distribute amongst their people. I don't recollect what course was followed in this instance. In the case of the Port Levy Deed all adult owners present signed the deed. The sale, I understood, was made by the proprietors of Port Levy, wherever they resided. The same at Rapaki. The Ngaitahu Block Deed was not executed at Kaiapoi, but at Akaroa. There were few Natives present at its execution. The reserves were made for those as shown by the deeds. The decisions as to the proprietorship of the land were as much those of the Natives as my own. My instructions were to carry matters with a high hand, and I allowed these instructions to creep out occasionally to get the land, and thereby carry out my duty. The Natives were willing to sell; they asked a great deal, but I succeeded in bringing them down towards the price fixed by the Government. The price they asked for Port Cooper was £2,000,000. In one case, I believe, I did not succeed in bringing them down to the price fixed by the Government, and I believe I received official censure for it. The Natives of course understood that I was clothed with great authority. I was supposed to exercise a judgment as to the right of claimants to Port Levy I felt myself so embarrassed by the rival claimants that I sat in a judicial position, and waited until they had extinguished each other. It was want of success which urged rival claimants to retire. Silence is a way, sometimes, of expressing dissent. I had no reason to think that the ultimate silence of these rival claimants signified dissent to the others selling the land. I believe I arrived at the right owners. Prior to the signing of the deed, most probably there were contending parties to the sale of the land. I always gave as long a time as I could in order to get as clear a perception as possible with regard to the men in whom the ownership of the land was vested. I speak with regard to the Rapaki and Port Levy land. I could hardly venture to ask what was the business of the other Natives who were present at the meeting as to the selling of Port Levy. I think the Kaiapoi Natives took part in the first part of the meeting. I regarded the Kaiapoi Natives as being out of Court. Most probably I told them that they had no title to the land. So far as I remember, the Kaiapoi Natives came armed on one occasion, headed by Tikau, for the purpose, I suppose, of intimidating myself and the other Natives. They did not come for payment. I am not prepared to say whether any single step taken by me on the part of the Government, or by them, through anybody else, in respect to these people, was fair. It was proved to my satisfaction that they had no claim, and I certainly must have told them so, or they would have applied for a portion of the purchase money. So far as I remember, these deeds were executed with the consent—I would rather say without the express opposition—of everyone who knew anything about them, whether they signed them or not. I considered it to be my duty, before the deeds were signed, to ascertain that all opposition was withdrawn. If a promise was made that the Port Levy reserve would be divided temporarily, it was done at once. The plan will show. I cannot say how I would act in the purchase of Native lands for the Government in case of a dispute, which, God being my helper, I hope I shall never do again. I have had several conversations at Wellington with Natives. I do not remember that any promise was made to the Kaiapoi Natives with regard to the Rapaki reserve. I do not think they claimed a share of Port Cooper. Beyond those detained by their creditors, and in the North Island, I was not aware that any Natives of Rapaki were temporarily absent. I was not aware that many of the Natives had gone to Otago. There were some, I believe, at Kaikoura. I would be most unwilling to cut down a reserve to less than sufficient proportions for the number of people who were to live on it. Sometimes the Natives will exceed the estimate of their number. I have no doubt I took everything into consideration in order to arrive at a proper decision in these matters. I cannot give evidence as to whether, according to Maori custom, occupation of laud for a certain period of time will give the occupier a title to it.

By the Court: The Port Levy Deed was signed at or near Mr. Howlan's house, Port Levy. There was only one instance which I recollect of a Native coming up to the table and going away of his own free will without signing the deed, his reason being that the money for the land was too little. There were several meetings at various intervals between each. I remained at Port Levy from the time I got there until the purchase was completed. I cannot say how many meetings there were before the question as to title was settled. I cannot say at what stage of the proceedings the Kaiapoi people went away. I am not able to answer the question, whether, as a Maori characteristic, if a Native said nothing, his silence would signify dissent to any proceeding. The Kaiapoi Natives appeared to me to be well defined at the time I speak of. As far as I remember, those who were living at Rapaki then were well defined. I do not exactly know whom the present Kaiapoi and Rapaki Natives consist of. The Rapaki reserve was made in the Port Cooper Deed.

page 200

Mr. Williams informed the Court that the Port Cooper Deed had been found at Wellington, and been sent for.

Cross-examination by the Court, continued: When I was sent down by the Government I was instructed that the Ngaitahu Deed was not worth the parchment on which it was written, and that I should, therefore, get a new deed, executed, describing the boundaries of the land. Kaiapoi was to be the first of a series of reserves which I was to make. The new deed was not executed according to instructions which I received from the Government while at Moeraki.

Mr. Williams here intimated that he must give the case up. It was an utter impossibility that he could attend to it any longer, because, if the case was to be decided upon the evidence of all the claimants, the inquiry must last for the next three weeks at least. Under these circumstances, assistance must be obtained elsewhere.

The Chief Judge: hoped that Mr. Williams would at any rate manage to appear on Monday. No one could then think bitterly of him if, in the event of a settlement seeming hopeless at that time, he gave up the case.

Mr. Williams said he would attend on Monday.

Cross-examination by the Court continued: In my judgment, the Port Levy signatures represent the principal people who own the Port Levy, Port Cooper, Rapaki, and Purau reserves. I do not know whether those who signed the deed comprise the present Kaiapoi Natives. I do not see any objection to a Native, with the consent of those in whom the land is vested, holding land in any of the reserved blocks.

On the conclusion of Mr. Mantell's examination, Mr. Cowlishaw applied for the refund of the £20 deposited in Court in respect to the first case, at the suit of the Kaiapoi Natives; but the Chief Judge decided on le[gap — reason: illegible]ting the matter stand over until Monday. By that time, it would be ascertained if anything could be done with respect to a settlement of the dispute.

The Court then adjourned until 10 o'clock on Monday morning.