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The Pamphlet Collection of Sir Robert Stout: Volume 63

"Land Commissioner's Office, Auckland, 7th April, 1856

"Land Commissioner's Office, Auckland, 7th April, 1856.

"Sir,—

"I have the satisfaction to report to you for the information of His Excellency the Governor, that the negociations entered into previous to Sir George Grey's departure in 1853, with the Ngatitoa tribe for the cession of their unextinguished claims over the Nelson and Canterbury Provinces, have at last been brought to a favourable termination.

2. In order that His Excellency may be enabled more easily to form a general view of the whole of the transaction, I may here advert briefly to some of the earlier circumstances connected with the purchase.

3. After repeated meetings and discussions with the Ngatitoa and Ngatitama tribes, who at first intended only to cede a portion of their less valuable land on the West Coast; a Deed of Sale was executed by them at Wellington, on the 10th of August, 1853, by which they agreed, subject to certain reservations, to relinquish in favour of the Crown, for a sum of Five thousand pounds (£5000), the whole of their claims upon the Middle Island.

4. These reservations consisted of the cultivations and lands required for the subsistence of the Natives resident in the district; it being always distinctly understood that Rangitoto, or D'Urville's Island, was excepted from the sale.

5. A first portion of the purchase money, amounting to Two thousand pounds (£2000), was paid at the time of the execution of the Deed; the balance of Three thousand pounds (£3000), remained to be discharged in six annual instalments of Five hundred pounds (£500) each.

page l

6. In addition to the cash consideration payable to the Natives, which from the smallness of the sum they evinced some reluctance to accept, it was further agreed by Sir George Grey that fifteen of the principal Chiefs should have Scrips awarded to them, representing Fifty pounds (£50) each, which should be available in the purchase of Crown Lands in any part of New Zealand.

7. Twenty-six of the Native claimants were also to have Two hundred acres each out of the land thus ceded by them; in such places as the Governor might set apart for this purpose, and at such time as the land might be required for their use.

8. The natives have not yet evinced any desire to select this land, which they regard more as a provision for their future wants, than as needed for immediate occupation. They have, however, applied some of the Scrips before alluded to, in the purchase of land in the Wellington and Nelson Provinces.

9. The above statement embraces the whole of the more important arrangements concluded with the Natives, previous to Sir George Grey's departure; it being then fully contemplated, both by His Excellency, and by myself, that the further details of this purchase would have been brought to a much earlier termination; but circumstances which could be neither foreseen nor obviated, have hitherto interfered to prevent this.

10. The conflicting claims of different tribes (residing on both shores of Cook's Straits) to the unpurchased lands in the Nelson Province, occasioned considerable difficulty. For instance, the Ngatitoa tribe at Porirua (with whom the first treaty was concluded) had unquestionably, as the earliest invaders, a prior right to the disposal of the district This they never had relinquished; although, after the conquest, their leading Chiefs partitioned out the subordinate branches of their own tribe, as well as to the Ngatiawa, a few of whom took with part them in the conquest, the lands which these now occupy in the Nelson Province.

11. The latter parties did not assume to themselves a power of sale, except over the lands they actually occupied; yet some of them, when not confronted by the leading Ngatitoa Chiefs, professed to have independent and exclusive rights, which the majority, and even the parties making such assertions (when closely examined) always acknowledged that the general right of alienation vested in the Ngatitoa Chiefs of the Northern Island. In fact their relative rights through intermarriage, the declining influence of the chiefs, and other causes, had become so entangled, that without the concurrence both of these occupants, and of the remnants of the conquered Rangitane and Ngaitahu tribes, no valid title could have been secured.

12. To arrange, therefore, with the various claimants as opportunity might offer, was the next duty to be attended to. Accordingly, a section of the page li Ngatiawa who had taken part in the invasion but had returned to their possessions at Waikanae and Taranaki, and other places in the North Islands, (intending to migrate from one Island to the other, as their inclinations led them), were paid a sum of Nine hundred pounds (£900), for the extinction of their title, on the dates, and in the proportions specified in the margin.*

13. In November of the year 1854, "Mr. Brunner, the Government Surveyor, and Mr. Jenkins, the Interpreter at Nelson, were despatched to mark off the boundaries of such Reserves as would be required for the resident Natives. These officers did their utmost to perform this service; but owing to the jealousy on the part of some of the Natives to the Ngatitoa sale, they were unable (except in a few instances) to effect any permanent adjustment of the Reserves and boundaries.

14. In December of the same year a large concourse of Natives, from different parts of the Nelson Province, were assembled on one of their periodical visits, at Porirua, to hold a tangi, or lamentation, over some of their relatives recently deceased. At this meeting there were present so many influential representatives of the various tribes, that it afforded a favourable opportunity for discussing the merits of their respective claims.

15. These meetings resulted in an unanimous desire on the part of the assembled tribes, to have the second instalment then due, paid to them at Porirua, instead of at Nelson, as originally intended; and, in order that the whole of them might participate in it (which they could not do if one installment only of Five hundred pounds (£500) were paid, they requested that four years' instalments should be handed over to them at once (£200), urging, as a reason, that some of their Chiefs had recently died of the measle epidemic; while two of them who had taken a prominent part in the conquest, though still alive, were in a precarious state of health; and that it was their unanimous desire that this payment should take place in their presence.

16. To this deviation from the original terms, I had some difficulty in assenting, however politic it might otherwise have been, in consequence of the understanding that the second payment should be made at Nelson, but the Natives from that Province were themselves the most urgent in requesting me to forego this intention. My reasons for acceding finally to their desire have been fully reported in my letter to you of the 15th December, 1854, and one of the same date addressed to Major Richmond.

17. I should here add, that the two old Chiefs who participated in this payment, and who have since both died, expressly charged their surviving relatives to use their utmost influence in assisting the Government to settle

* March 2nd, 1854, for Wairau and Arapaoa, £200. March 10th, 1854, title of Taranaki Natives, £500. November 24th, 1854, for Te Awaiti, £200.

page lii this question; and this duty, as a parting request of these Chiefs, they hare most assiduously and faithfully performed.

18. The instalments now paid together with One hundred pounds (£100), to one of the Ngatiawa Chiefs at Gore Harbour, completed the sum of Five thousand pounds (£5000), stipulated for in the original Ngatitoa Deed of Sale, As there remained, however, unsettled claims of various resident Tribes; I applied for, and obtained a further advance of Two thousand pounds (£2000), to complete the purchase.

19. Owing to repeated and most unexpected interruptions, arising from my being obliged to go to Wairarapa and Hawke's Bay; thence by the East Coast to Auckland; and twice, (owing to disturbances there), to Taranaki; dissappointed, moreover, in not being able to get the Natives of the North Island, from illness, attention to their crops, or other causes to accompany me; I was unable to pay that attention to the claims of the residents in the Nelson Province, which it was my earnest desire to have done, with a view to the speedier settlement of a most important question, which had been already so long pending; and which the Natives, though their patience must have been greatly exhausted by these delays, declined to settle with any other officer except the one who commenced the negotiations.

20. On the 30th October, 1855, I was instructed by His Excellency Colonel Gore Browne, to accompany him from Taranaki to Nelson; where an opportunity was afforded from the number of Natives assembled there, to effect an arrangement with the Ngatirarua and Ngatitama for their claims, for a sum of six hundred pounds, the receipt of which is acknowledged in the deed executed by them on the 10th and 13th of November, 1855.

21. This deed provides that the land exhibited on the plan thereto attached, shall be reserved for the Natives; it is, together with what they elsewhere possess, of sufficient extent for their present and future requirements, even if they have a considerable increase of cattle and horses; it is situated within natural boundaries requiring no outlay for surveys; and lies on a part of the West Coast as yet remote from European settlers, but which the Natives were particularly anxious to retain. A Government right of road, should it in future be required, is provided for, by a clause to that effect inserted in the deed.

22. In proceeding by the 'Zingari,' from Nelson to Wellington, with His Excellency the Governor, on the 13th November, 1855, a survey party and Interpreter were taken on board, and landed on the way in Queen Charlotte's Sound, with instructions to lay off the necessary reserves in that part of the Nelson Province. This duty they were enabled to perform without much opposition on the part of the Maoris : and by the 15th January, in this year, the reserves were marked off.

page liii

23. On the 24th of this month, I crossed the Straits from Wellington to Cloudy Bay, in a small vessel, taking along with me the Ngatitoa Chiefs Rawiri Puaha, Hohepa Tamaihenga, and others, and was followed by Matene Te Whiwhi, and Tamihana Te Rauparaha, in course of a few days.

24. The left bank of the Wairau River being the southern boundary of the purchase, I held a meeting with the Natives of that place, in number about one hundred and twenty (120). They fully assented to the sale, having participated—except a small party of the Rangitane* in the first and second payments made at Porirua.

25. To the Rangitane one hundred pounds (£100) was now paid in full satisfaction of all their claims.

26. The Reserves laid off at the Wairau consist of seven hundred and seventy (770) acres on the left bank of that river, a small bay named White's Bay, and about two hundred (200) acres adjacent thereto; and two sections, of fifty I acres each, to the Chiefs Wiremu Nera Te Kanae, and Te Tana Pukekowhatu. The latter section has been marked out; but the former, in consequence of the absence of Te Kanae, though its general position was defined, had not been surveyed. For these two sections I beg to recommend that individual Crown Grants should be issued to the above-named Chiefs.

27. From the Wairau, Isailed for Tory Channel and Queen Charlotte's Sound, a portion of the country inhabited chiefly by the Ngatiawa. The people had assembled at Waikawa to meet me, where, after several debates, which lasted for some days, I was enabled to effect a final settlement of their claims, for a sum of Five hundred pounds (£500), the receipt of which is acknowledged in the Deed signed by them on the ninth (9th) February, 1856,

28. The unsettled state of the Ngatiawa tribe, and the disposition manifested by them to return to their former possessions at Taranaki (where their [presence could only increase the troubles that already beset the land question in that Province) rendered the present negociation with them one of no small difficulty and delicacy, which might, if in any way mismanaged, affect the general tranquility of the country. I was induced, therefore, to agree to reserves of considerable extent being assigned to them in the various bays they were then inhabiting, with which they appeared to be fully satisfied. A plan, exhibiting these reserves, is herewith furnished for His Excellency's information.

29. To this part of the country, from its past associations, the Natives attach great importance, as the scene of many hard-fought battles, and of final conquest; the great resort, moreover, in former years, of whale ships from different parts of the world, with whom they carried on a lucrative trade;

* The portions of this report printed in italics refer to the original owners. The italics are my own.—T.C.W.

page liv they could also, at all seasons of the year, resort to its well-sheltered bays and harbours for supplies of fish.

30. As expressive of the national interest felt by them for the place, [unclear: as] of the principal chiefs, Ropohama Te One, the last of several who had spoken in a most emphatic harangue, in which he alluded to these various circumstances, struck into the ground at my feet a greenstone adze, saying, in their usual metaphor, 'Now that we have for ever launched this land into the [unclear: sea.] we hereby make over to you, as a lasting evidence of its surrender, this [unclear: as] named Paewhenua, which we have always highly prized, from having [unclear: rega] it in battle after it was used by our enemies to kill two of our most celebrated chiefs, Te Pehi and Pokaitara. Money vanishes and disappears, but this greenstone will endure as a durable witness of our act, as the land itself which have now, under the shining sun of this day, transferred to you for ever.' allude to this incident that it may, if necessary, be referred to hereafter, as an evidence of the importance attached by this tribe to the treaty now conclude and a striking circumstance likely to be long remembered by them.

31. From Queen Charlotte's Sound I crossed by the Anakiwa Pass to Kaituna and Pelorus Valleys. At the Kaituna the extent of reserve which deemed necessary for the Ngatikuia tribe residing there, was three hundred (300)acres. Out of this extent I had to recommend that an individual Crown Grant be issued to the Chief Hura Kopapa. The position of the reserve has been pointed out in the presence of the Natives interested, but I had not then time to have it surveyed.

32. In addition to thus reserve a landing place for canoes at a place called Pareuku was requested by Kopapa. Its extent, as pointed out to me, will not exceed (10) acres. A very long pah occupied by this tribe, at a place called Motueka, is likely to be the only site available in that locality for a township. If it should really be required for this purpose, the Natives agreed to relinquish it; if not, then I would certainly recommend that it be reserved them. Should a town be laid out there, I would submit that Hura and Manihera ought to receive, by way of compensation, four (4) of the town sections of a fair average value. I trust that His Excellency will be pleased to [unclear: sanc] this proposal.

33. From Kaituna the next visit was paid to the Hoiere or Pelorus river to fix the reserves and cultivations for the Natives residing there. When these had been decided on, as shewn on the plan herewith furnished, the [unclear: Ngati] formerly the owners of the beautiful and fertile valleys of the Hoiere and Kaituna, now reduced in number to about fifty (50) souls, were paid One hundred pounds (£100) in extinction of their title, with which sum they appeared well satisfied, it being the first time since the conquest that their claims had in any way been recognized.

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DISTRICT SITUATED. DATE OF PURCHASE. EXTENT IN ACRES. DESCRIPTION OF LAND. DATE OF PAYMENTS MADE. SUMS PAID. SUMS PAYABLE. TOTAL OF EACH PURCHASE. TRIBE FROM WHOM PURCHASED. COMMISSIONER NEGOTIATING. REMARKS. Wanganui Turakina Reserve.............. May 27, 1852 120 Agricultural land May 27, 1852 £12 £12 Ngatiapa McLean " Rangitikei Block............... May 16, 1849 225,000 Ditto and Pastoral July 10, 1850 July 10, 1851 May 22, 1852 500 500 500 1,500 Ngatiapa McLean The first instalment on this purchase does not come within the scope of this Return, having been made prior to June, 1850. PROVINCE OF NELSON. Waipounamu, Nelson, and part of Canterbury Province.................... Aug. 10, 1853 8,000,000 A great part of this district in the West Coast of the Island is as yet unexplored by Europeans, but the Natives report that there is a large extent of grassy and available country inland of the granges that border on the coast. Aug. 10, 1853 £2,000 Ngatitoa March 2, 1854 200 Ngatiawa March 10, 1854 500 Do of Taranaki Dec. 13, 1854 2,000 Ngatitoa Nov. 10, 1855 600 Ngatirarua and Ngatitama March 5, 1856 100 Ngatikoata Do. for Gore's Harbour and Te Totaranui—claim Tamati Wiremu Kingi............. Nov. 16, 1854 100 Ngatiawa Do. for To Awaite—claims of Ngatiawa chiefs....................... Good harbours. Land generally hilly, with a few flats Nov. 24, 1854 200 Ngatiawa Ditto for Wairau................ Grass, swamp, and timber Feb. 1, 1856 100 Rangitane Ditto for Arapaoa............... Hilly, with small level flats in the different coves or bays Feb. 9, 1856 500 Ngatiawa Ditto for Hoera and Kaituna............... Rich agricultural land, with fine timber Feb. 16,1856 100 Ngatikuia Ditto—claim of Noa te Whata........... Dec. 11, 1855 1 Muaupoko Raweri Puaha..................... Jan. 22, 1856 36 Ngatitoa Matene Te Whiwhi................... Jan. 22, 1856 11 Ngatitoa Te Rei Ngangiho.................. March 8, 1856 19 Ngatiawa Wakapuaka natiyes..................... £100 £6,667 Arahura Natives....................... 100 Separation Point, Takaka Point, and Aorere, unextinguished claim Mr. Commissione'r Spain's ward March 6, 1856 Gold discovered here 60 Ngatirarua and Ngatitama Ditto ditto March 7, 1856 150 Ditto McLean Ditto ditto March 7, 1856 100 320 Ditto McLean

Native Land Purchase Department.

Abstract of Land purchased from the Natives between 5th July, 1850, and 31st March, 1856. Laid on the Table of the House 18th June, 1856, and ordered to be Printed.

Note.—In the latter end of the year One thousand eight hundred and fifty-two (1852), Major Richardson purchased from the Natives the Pakawhau Coal district, for a sum—as far as I can ascertain—of five hundred pounds (£500). I do not know the estimated extent of this purchase.

In addition to the cash consideration paid to the Ngatitoa Natives for the entire surrender of their claims, the right of selecting fifteen (15) scrips of fifty (50) acres each, in any Crown Lands in New Zealand, has been guaranteed to them by Sir George Grey. Twenty-six (26) chiefs were also to have two hundred (200) acres each in the Nelson Province, to be selected in such places as the Governor may set apart for that purpose.

A tribe of the Ngaitahu, about twenty-five (25) in number, on the West Coast, are entitled to a small compensation for their claims, not exceeeding one hundred pounds (£100). In the event of the Wakapuaka Natives relinquishing a portion of the land claimed by them as a Reserve, they would also be entitled to one hundred pounds (£100).

Donald McLean

, "Chief Commissioner for the Purchase of Lands from the Natives.
page lv

34. I next proceeded to the Croixelles harbour; but I found that the Chief of that place had preceded me to Nelson, where I afterwards decided the reserves to be allotted to himself and to his people, the Ngatikoata, and paid them a sum of One hundred pounds (£100), for their claims.

35. Before going to Nelson, I called at Wakapuaka, where a section of the Ngatitama live. These declined to give up any portion of the land held by them at that place, as they considered it not more than sufficient for their own subsistence; they also object to its being sold, without their consent, by their relatives in the North Island; and as the land they hold, is not of much greater extent than they would really require as a reserve, I did not deem it [unclear: dent] at present to urge a settlement of this particular question upon them.

36. The only tribe having claims upon this purchase, whom it was impossible for me to visit, are a small remnant of the Ngaitahu, about twenty-five (25) in namber, residing at Arahura on the West Coast, a remote, and, as yet, almost inaccessible, part of the country. From a settlement of their claims, I do not apprehend any difficulty; but, as a matter of justice, if the district is occupied by Europeans, a reserve of three hundred (300) or four hundred (400) acres should be secured to them, together with a small amount of compensation for their claims.

37. In conducting this purchase through its several stages, involving the interests of so many different, and differently disposed tribes, and altogether the most complicated, as it was also the last, in the Middle Island, I found the limited time at my disposal so fully occupied with the necessary koreros, or debates, attending it, that I was unable to see some ef the surveys completed to my satisfaction. I would gladly have done this myself, in order to prevent any possible question being raised hereafter about the boundaries. These details, however, can be easily arranged by the Government Surveyor, under the directions of Major Richmond, in whom the Natives place implicit confidence, and to whom I shall communicate additional information respect- big these surveys, besides the Memoranda already furnished.

38. In the meantime, even these unfinished details are so fully understood by the Natives, that I am not aware that there can be any objection to the had being now handed over to the Crown Commissioner, preparatory to its being disposed of in the usual manner.

39. In a separate communication I shall hereafter detail the steps taken by Major Richmond and myself to adjust some disputed rights to land comprised within the limits of Mr. Commissioner Spain's award.

" I have, &c.,

" Donald Mclean,

Chief Commissioner. The Hon. Colonial Secretary, Auckland.