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

[No. 3.]

No. 3.

The Purchase of Native Lands.
Mr. James Mackay, Jun., to the Hon. the Minister for Public Works.

Coromandel and Hauraki.—Respecting the purchase of Native Lands. New Zealand Native Land Agency,
Auckland, 24th January, 1872.

Sir,—

Referring to the conversation which took place between us on the subject of the purchase and acquisition by the Crown of Native Lands in the Hauraki and Upper Waikato Districts, I have the honor to submit to you the following report as to the blocks it may be deemed advisable to acquire; also as to the plan which I would recommend to be pursued for the accomplishment of that object through my Agency.

In order to arrive at a correct conclusion as to the present state of the lands proposed to be acquired, it will be advisable to place them under three heads, viz.:—

1st. Lands within the proclaimed goldfields at Hauraki and Coromandel, which form the subject of agreements between the Natives and the Crown for gold mining purposes.

2nd. Lands within the Hauraki District, not included in the proclaimed goldfields, and which do not form the subject of agreement between the Native and the Crown for gold mining purposes.

3rd. Lands in the Upper Thames and Upper Waikato Districts held by Hauhau and obstructive Natives, some portions of which have been leased to Europeans for the depasturage of stock.

The lands under the first head are contained in the Cape Colville, Tokatea, Kennedy Bay, Tiki or Ngaurukehu, Waiau and Matawai, Manaia North, Manaia South, Waikawau, Whakatete, Tararu, Karaka, Otunui, Whakairi, Kirikiri, and Puriri Blocks.

1. Cape Colville Block.

This is of considerable extent; the area of unsold lands may be roughly estimated at 50,000 acres. After deducting the pieces required for Native reserves, the area available for settlement is but limited, the greater proportion of the block being hilly, timbered country—unfit for cultivation. Gold has at various times been discovered in several places within its limits, but no mining claims are at present page 323occupied there. Some pieces of land have been sold to Europeans, but they form but a small proportion to the whole. The kauri timber at Cabbage Bay, Tangiaro, Matamataharakeke, and the northern portion of Kennedy Bay has been sold to Europeans owning saw-mills. I have surveyors employed on the external boundaries of this block at the present time. The title is much disputed.

2 Tokatea Block.

This is the most valuable portion of the Coromandel Goldfield at present worked. The probable extent is 15,000 acres. This land is leased by the Native owners to the Crown at the annual rental of £500. All the available kauri timber, excepting that situated near Paul's Creek, has been cut by sawmill proprietors. Mr. Gibbon's mill at Kikowhakarere has been recently removed, and that of Mr. Charles Ring is principally employed to drive quartz-crushing machinery. There is no available agricultural land on this block, other than what is in the hands of European settlers, or is required for Native reserves. This block would be difficult to acquire in consequence of its known value. No accurate survey has been made of it.

3 Kennedy Bay Block.

This block was formerly surveyed at Government expense, and contains about 9,500 acres. No further outlay for surveys will be required, excepting the repayment to me of the sum of £25 expended on some alterations, and a plan which was made, by Mr. Gwynneth, licensed surveyor, in order to meet the requirements of "The Native Lands Act." This block contains sufficient available land for Native reserves; and there is a flat in addition of about 600 acres, formerly leased to Messrs. Cruickshank and Smart, but now abandoned by them, which is suitable for a town site and settlement. The remainder—say, 8,000 acres—is mining country of considerable value, and should, if possible, be acquired at once, as delay will increase the difficulty of purchase. The kauri timber on a portion of this block has been sold to Messrs. Cruickshank and Smart, who own a saw-mill there.

4 Kapanga Block.

The largest part of this, which adjoins the Tokatea Block, belongs to the Government. The remainder, about 775 acres, was granted to the late Pita Taurua; who is succeeded by a boy of about five years of age. The land is of no value for agricultural purposes. The kauri timber on about 583 acres of it has been leased to Mr. Alfred Jerome Cadman, who has a sawmill on the Karaka Stream. There are several quartz reefs within the block, which have not been tested. Gold has been found in small quantities, but there are no claims at present occupied. It would be advisable to purchase this block, as it adjoins Government land; the difficulty, however, appears to be the inability of a minor to dispose of it. The lands south of the Kapanga Block belong to Europeans as far as the Tiki or Ngaurukehu Block.

5 Tiki or Ngaurukehu Block.

This consists of two pieces of land granted to Natives, and known as the Waiau No. 1, and Motutere; the former contains 1,098 acres, and the latter 240 acres. These are separated by a piece about 600 acres, granted to the late Mr. W. B. Moore. There is no land on this block suitable for agricultural purposes; there is some good kauri timber on it, and several gold-mining claims have been and are now successfully worked within its limits. The owners are not inclined to sell their land, and, from the known value of the Waiau No. 1 portion, a large price would in any case be demanded.

6 Waiau and Matawai Block.

This adjoins the Motutere portion of the Tiki and Ngaurukehu Blocks, and may be estimated to contain 1,500 acres of hilly land, all the available kauri timber on which has been cut by the owners of the Waiau Sawmill. Gold has been found in the Matawai Stream, but not in any quantity in the Block. The lands to the southward and to the westward of this piece are the property of the Crown, and it would be desirable to acquire it to consolidate the Government property in that neighbourhood. This block requires to be surveyed.

7 Manaia North Block.

This block belongs to a section of the Ngatimaru tribe. The area of the land not occupied by Natives or required for reserves may be estimated at about 3,000 acres of hilly country. Gold has been found in small quantities within it, but no payable claim has hitherto been discovered. This piece is bounded on the South by the Manaia South Block. This Block requires to be surveyed.

8 Manaia South Block.

This block may be estimated to contain, exclusive of the large reserves required by the Tawera tribe about six or seven thousand acres of hilly land. Gold has been discovered in small quantities in streams on this block, but no payable claims have been discovered. This piece is bounded on the South by the Waikawau Block. This block requires to be surveyed.

9 Waikauau Block.

This may be estimated to contain about 60,000 acres of land, the greater part of which is of broken description. There are a few patches of land available for cultivation on the banks of the numerous streams which intersect it; but these bear but a small proportion to the whole. The best pieces of land for settlement are at Te Puru and Wainui, but these have been either sold to Europeans or are required for Native reserves. Probably not more than 2,000 acres of this block have been granted under the Native Lands Act. The town of Hastings and the Tapu Creek diggings are within it. There is reason to believe that a very large proportion of the land is of an auriferous character. The available kauri timber in the neighbourhood of the Waikawau and Mata streams has been sold to Captain Daldy, who owns a large and valuable saw-mill at Waikawau. The kauri timber at Otuturu has been sold to Mr. Hector McKenzie, and that at Waipukapuka to Mr. Thomas Kelly. The survey of this block is in a forward state, having been undertaken by Captain Daldy and myself page 324with a view to purchasing the whole block from the Natives, subject to the Government agreements with them respecting gold mining. We are, however, prepared to waive our claims on condition of Captain Daldy receiving a title to the timber heretofore purchased by him, and a piece of 400 acres of land adjacent to the Waikawau saw-mill, and 50 acres at the booms on the Mata stream, and our being repaid the cost of survey and the deposits paid by us to the Natives on various pieces within the block, less the proportional cost of the 450 acres before mentioned. The pieces of 400 and 50 acres respectively required by Captain Daldy to be excluded from the operation of "The Mining District Act, 1871." It is anticipated that no additional Native reserves will be required, as there are considerable holdings at Kereta and Matariki immediately north of this block, which with the pieces already mentioned at Te Puru and Wainui are sufficient for Native requirements in that neighbourhood.

The survey at present in progress is merely of the external boundaries, and some sub-divisional lines will probably have to be cut in consequence of troublesome disputes between the hapus of Ngatitamatera as to internal boundaries. Immediately south of the Waikawau Block is that known as Te Wharau or Wairuaterangi, which has been purchased by the Crown.

10 Whakatete Block.

This is a triangular-shaped piece of small extent, probably 1,000 acres; the only valuable portion of the frontage of which has been granted to the Native owners. The remainder is very rough, hilly land, and is not approved of by gold miners for its auriferous character. It might be desirable to purchase this land, if the Tararu district is acquired, so as to connect Te Wharau, or Wairuaterangi Block with Tararu. As Te Wharau on the north, and Tararu on the south, have been surveyed, it may be assumed that the cost of survey of this portion will be small, as most of the lines are already defined on the ground.

11 Tararu Block.

This block consists of two pieces, known as Tararu North and Tararu South, which have been surveyed by the Native owners, the total area of the two being about 3,500 acres. This land is of known auriferous character, and is likely to support a large mining population. The title is not disputed, but the Natives are not disposed to sell it. No reserves are required, the land being of a class unfit for Native or other cultivation. The kauri timber from Tinker's Gully to the source of the Tararu Stream has been sold to the Moanataiari Water Supply Company.

12 Karaka Block.

This contains all the most valuable claims on the Thames Goldfield, also the Towns of Grahamstown and Shortland. The townships are chiefly private property, and it would not be advisable to interfere with existing arrangements. A large portion of the land, amounting to 1,600 acres, exclusive of townships, has been surveyed under my directions, and the unsurveyed remainder may be estimated at 1,000 acres. The difficulty of purchasing this block cannot be easily estimated, as the owners have been in the habit of receiving about £5,000 per annum for miners rights fees alone. There is no unsold land within this block fit for any purpose other than mining.

13 Otunui Block.

This is unsurveyed, but may be estimated to contain from 3,000 to 7,000 acres. The land is not suitable for agricultural purposes. Gold has been found on it in small quantities, but no claims are at present occupied, which may be attributed to tho want of means of communication by a practicable road, and the absence of any machinery for extracting the gold from the quartz. The Kauri timber on the banks of the Mangakirikiri and Mangarebu Streams has been purchased by Europeans.

14 Whakairi Block.

This block is under survey by my direction, and is estimated to contain 35,000 acres. There is but a very small proportion of it suitable for settlement. Probably some portion of it is auriferous, but at present the gold miners have but a poor opinion of it in that respect. The kauri timber has been purchased by a company at Auckland, who intend erecting a sawmill at Shortland, which will be a great boon to the Thames Goldfield.

15 Kirikiri Block.

This block has not been surveyed, but probably contains about 5,000 acres. The land is not fit for agricultural purposes, and is not in favour with the gold miners. Small quantities of gold have been found in the Kirikiri River, but no claims are held within the block. The kauri timber has been sold to Mr. John Gibbons. The large reserve to the westward of the goldfield boundary contains more land than is required by the Native owners for cultivation and settlements. Any surplus would be suitable for European occupation for ordinary agricultural purposes.

16 Te Puriri Block.

The same remarks as made in the previous case (Kirikiri Block) apply to this block, with the exception that gold has been found at Te Puriri in payable quantities, and the kauri timber has not been sold. The land has not been surveyed. The probable area is 10,000 acres.

The lands under the second head are contained in the Whangapoua, Mercury Bay, Tairua, Wharekawa, and Omahu Blocks.

1 Whangapoua Block.

This has nearly all been granted to Natives, under the "Native Lands Act." Gold has been found in two or three places in the neighbourhood of the Waitekuri River, but the workings were abandoned in consequence of the obstructive policy pursued by the Native owners. There is a little land within this area which would be available for settlement, but the greater proportion is hilly, page 325broken country. The kauri timber has been sold to Messrs. Craig and Harris, and has formed the subject of interminable lawsuits between those parties. It is questionable whether much of the Whangapoua Block could be purchased, as it is probable the title to it is complicated by private arrangements between the Native owners and certain Europeans.

2 Mercury Bay Block.

This district is of considerable area. There are probably 40,000 acres of unsold land in it. The extent of land available for settlement is small. Gold has been found in two places, but the workings are now abandoned. Nearly the whole of the land has been granted to the Native owners, under the Native Lands Act, and the available kauri timber has been sold to either the Mercury Bay Saw-Mill Company or the Auckland Saw-Mill Company, who have valid leases or agreements extending over terms of years. I do not anticipate any great difficulty in procuring the freehold of this district. The Government have previously acquired some large blocks there, but which are of but little value for settlement.

3 Tairua Block.

This block probably contains about 20,000 acres of unsold land, mostly of a hilly, broken character, unsuitable for settlement, but which is believed to be auriferous. Alluvial gold has been found in two or three places, and it is reported that a "rush" of miners from the Thames has taken place there during the last few days. The kauri timber has been sold to Messrs. Seccombe and Son, who have a valuable saw-mill on freehold land near the mouth of the river Tairua. I think this block can be purchased from the Natives. I have been requested to get it surveyed, and to apply to the Native Land Court to investigate the title.

4 Wharekawa and Omahu Blocks.

These may be estimated at 40,000 acres of land of rough hilly character. I am not aware of any gold having been found there. I understand that Messrs. Hannaford, Logan, Brissenden, and O'Keefe have advanced moneys to the Natives for the purpose of defraying the expenses of surveying these lands, but the survey has not been undertaken owing to the opposition of some of the Natives. It is probable these blocks can be acquired, as I am informed that the liens registered in the Native Land Court by the above gentlemen can be purchased for a small amount from the holders, and this would give the Government a footing on the land.

The lands under the third head are the Hikutaia, Ohinemuri, Aroha, Wairere, Matamata, and Patatere Blocks.

1 Hikutaia Block.

This has not been surveyed, but probably contains 25,000 acres. There are a few patches in this fit for settlement, irrespective of the requirements for Native reserves. The remainder of the land is of hilly character. I have reason to believe that some portion of it will be found auriferous. The title to this block is much disputed. I have instructions from the principal owners to survey it and get the title investigated by the Native Land Court, but have declined to do so until the telegraph line is completed through it for fear of a dispute arising and causing complications which might militate against the construction of the line. The survey will be commenced as soon as the telegraph line is finished.

2 Ohinemuri Block.

This has not been surveyed; the probable area is 100,000 acres. Of this one-third is fit for settlement, irrespective of requirements for Native reserves. Gold has been found in three or four places within this territory, but I have reason to believe it will be more difficult of access than at the Thames and Coromandel fields. This block can only be acquired by degrees and by very carefully conducted negotiations.

3 Te Aroha Block.

This may be estimated to be of nearly the same extent as the Ohinemuri Block, but contains a larger area of land fit for settlement. The title to this land was disputed between the Thames Natives and the Ngatihaua tribe of Waikato, and after a protracted investigation was awarded to the former by the Native Land Court. I believe some part of it can be acquired easier than the Ohinemuri country. The Government have some land on the Waitoa stream, adjoining the western boundary of Te Aroha Block. Te Aroha is the southern extremity of the lands owned by the Hauraki Natives.

4 Wairere Block.

This is situated on the eastern bank of the River Thames, and extends from the southern extremity of Te Aroha Block to Okauia, and inland to the western boundary of the Tauranga Block. The land is unsurveyed, but the probable area is 35,000 acres, about one-third of which is fit for settlement irrespective of the requirements for Native purposes. The owners are the Ngatihinerangi tribe, who are connected with Ngatiraukawa of Patetere, and the Ngaiterangi of Tauranga. At the time of the sitting of the Native Land Court in Te Aroha case, the principal chiefs engaged me to act as their agent in any future disposition of their land. I have not as yet entered on the question, but believe action might be taken and negotiations brought to a successful termination.

5 Matamata Block.

The land forming this block is chiefly of a level character, some of it is of a swampy nature. The greater part was formerly leased to Josiah Firth, Esq., for the depasturage of stock. He has succeeded in obtaining the fee-simple of some large pieces of it at the southern extremity of this block extending towards Patetere. W. T. Buckland, Esq., holds leases of an extensive tract of country. Nearly the whole of the Matamata Block is of a quality suitable for settlement, though the land is in some places swampy and at others rather dry and exposed to cutting winds.

page 326

6 Patetere Block.

This is an extensive tract of country on both sides of the River Waihou or Thames, extending to the Waikato River on the West and to the Tauranga and Rotorua watershed on the East. The land is of fair average quality for settlement, and ought to sustain a large population. This district is owned by the Ngatiraukawa tribe, who have hitherto held aloof from any land transactions with the Crown. I would suggest that if the Government make terms with Mr. Buckland that the land should be purchased in his name. It is the opinion of miners who have visited this district that the auriferous country, which commences on the North at Cape Colville and forms the Coromandel and Hauraki Goldfields, terminates at Horahora at, the southern extremity of the Patetere District.

I assume that the area of the country above described is at least 500,000 acres, exclusive of the Tokatea, Kapanga, Tiki or Ngaurukahu, Tararu, and Karaka Blocks; and that the average cost per acre, including surveys, would be from two shillings and sixpence to three shillings per acre, or a total of £75,000. The Tokatea, Kapanga, Tiki or Ngaurukahu, Tararu, and Karaka Blocks may be estimated to contain 22,000 acres, and it would not be an excessive estimate to assume that these can not be purchased at a lower average rate than one pound ten shillings per acre, or say a total of £33,000. Taking into consideration the fact that a large portion of this extensive territory would be purchased from Natives who are hostile to the sale of lands to the Crown, and that much of the land is of known auriferous character, I do not think it would be right to estimate the total cost at less than £108,000, exclusive of agent's commission.

The question of reserves for Native residence, occupation, and cultivation will also require serious attention, and it will probably be found necessary in most instances to make this class of lands inalienable.

After all questians as to boundaries, surveys, and reserves have been arranged, the title to the lands should be investigated by the Native Land Court, and conveyances be procured from the parties found to be interested therein. In cases of very large purchases, it might be found desirable to make the payments by instalments running over a term of years. It would also be beneficial to induce the Natives to invest some of their money in Government annuities. It will be necessary that forms of deeds should be supplied to me, some of which should have provision inserted in them for payment by instalments. I object to the old form of Land Purchase Deed, as the space for description of boundaries, and the signature of the Natives, is too small. I think the deeds should be printed on parchment.

In order to prevent confusion in surveys, and also to obviate the necessity for repeated references to the Inspector of Surveys for information as to previous surveys within the Coromandel and Eastern Hauraki Districts, I would respectfully request that a map or tracing should be furnished to me, showing all Government lands, granted lands, and surveyed lands within the blocks hereinbefore described. The same to contain the area and boundaries, with bearings and distances, where possible, of such lands. No use to be made of such information, except for the Government purchases.

As there are several pieces of land which have been granted to Natives, under "The Native Lands Act," which have not been sold to Europeans; and it may in some cases be found advisable to secure these for the Crown, I would respectfully request that the Native Land Court officials should be instructed to furnish me with a return of all lands in the Coromandel and Eastern Hauraki Districts for which certificates of title have been ordered by the Court, with the names of the grantees in each case. I could then, by referring to the Deeds Registration Office, ascertain the lands which had been disposed of, and those still in the hands of the Natives. Lands within the townships of Kapanga, Hastings, Grahamstown, and Shortland need not be included in this return.

With reference to the vested interests and claims of Europeans to kauri timber, situated within the blocks of land proposed to be purchased, some of which are held under valid leases made subsequent to the issue of certificates of title by the Native Land Court, and others by agreements made previous to the issue of certificates of title for the lands comprised in such agreements, I would beg to recommend that in all cases where the parties are in actual possession of the timber, and do not obstruct the Government in negotiating for the purchase of the lands, that all such agreements, leases, and private interests shall be respected, and the conveyances by the Natives to the Crown shall take notice of and confirm all such reasonable and fair leases, agreements and transactions. I would point, out that the timber trade is of vital interest to the goldfields, and is one of great importance to the Province of Auckland, and very large capital is invested in it; and although the agreements for the acquisition of timber are not in the majority of cases strictly legal or valid; yet many of these so-called illegal agreements have been made by and with the assistance of officers of the Native Department. If the Government acquired the kauri timber, it would only be destroyed by miners and bush fires. At the present time, where the kauri timber is not the property of mill owners, it is a fruitful source of discontent between the miners, Government officers, and the Native proprietors.

I will, at the earliest opportunity, furnish the Government with a sketch map, showing approximately the position of the various blocks of land alluded to in this report, for purposes of reference when any question arises. I must, however, state that I only give such information on the understanding that the Government employ no agent other than myself to conduct the negotiations for the purchase of the lands herein alluded to, as it would be manifestly unjust to me to supply other agents with information acquired by myself for my own business, and which they are not in a position to obtain, or to furnish to the Government.

In conclusion, I beg to state that as the Government have confided this important and responsible business to me, no effort shall be spared on my part to bring the negotiations to a successful termination, and one which will be beneficial to the interests of the Colony, and meet with the approval of the Government.

I have, &c.,

James Mackay, Junr.

The Hon. the Minister for Public Works,
Wellington.