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

No. 9. — The Hon. the Native Minister to Mr. Commissioner Rogan

No. 9.
The Hon. the Native Minister to Mr. Commissioner Rogan.

Waitetuna and Waipa.To negotiate for Purchase of Claims. Native Office, Auckland, February, 1863.

Sir,—

It is the wish of the Government that you should proceed to Raglan as early as possible, in accordance with the promise made to Wiremu Nera, for the purpose of proceeding with the negotiation for the purchase of his claims over the block of land between Waitetuna and Waipa.

You are yourself so familiar with the circumstances under which Nera's original offer of this land was made, and have been in fact so frequently engaged personally in the negotiation, which commenced in 1858, that it is unnecessary for me to give any particulars of the case for your guidance. You are also aware of the general views which the Government entertain on the subject of Nera's proposal, but in a matter of such consequence it may be more satisfactory to yourself that these views should be distinctly stated.

The block now offered by Nera is substantially the same as that offered by him in 1858 and 1859, the offer not being then entertained in consequence of conflicting proprietary claims. At that time the King party raised the same opposition as they still make to the sale of the land and the construction of the roads; but if it had not been for the objections of a number of natives who were part owners, it is probable that the opposition of the former would have been disregarded, as Nera strongly urged that it should be.

I believe there is no doubt that Nera and his followers are the principal owners, and there can hardly be a good reason why the Crown should not acquire their rights. The great importance of such an acquisition, in a political point of view, added to the value of the land itself, whenever a perfect title to the whole can be got, would justify a high price being given. Nera would feel that the acceptance of his offer was a great moral support to the position he has invariably held; that he is, of right, entitled to dispose of his land without reference to the opposition of the King party, which really rests upon their determination generally to permit no more sales of land in the Waikato country. The Government would stand in his stead as part, or rather principal owner of the territory, and would succeed to all his rights over it. Claims of opposing proprietors would be occasionally brought up, and the survey of the boundaries undertaken whenever the Government should judge it safe to do so.

The general opposition of the King party on other grounds than proprietorship could hardly prevail in the long run against the right of the Crown as principal proprietor, and when the Raglan road reaches Waitetuna (the point beyond which the Kingites have declared it is not to go) those whose rights as proprietors still remained unpurchased might be induced to agree to the road being completed, on account of the joint ownership, even if they continued to withhold their assent to the full cession of the territory.

You will therefore see that if a clear and complete title cannot even now be made out to your satisfaction by Nera and his people, and that if proprietary rights exist in other Natives, who continued to be opposed to the sale, the Government are still willing to acquire his claims provided that you are satisfied that those claims do comprise a valid right of ownership over the land offered, or, at any rate, a large portion of it.

In addition to the opposition which formerly existed from Natives whom the then Government recognized as part owners, you are aware, of opposition to the cession of this territory having been made from the first and persisted in till now by the adherents of the Maori King. A letter was received within the last few days by the Governor, purporting to come from Matutaera's Runanga, and warning the Government against paying any money for the land. It is not the intention of the Governor to take any notice of warnings based merely on the proceedings of the Native King to prevent any sale of land whatever, but when so much notice has been given to the Government, from which it may possibly be inferred that a proprietary right is asserted, it will be your duty to be especially careful to make full enquiry before entering into any actual agreement with Nera. It is in order that you may have every facility for making this enquiry on the spot that you are now to go to Whaingaroa.

I have, &c.,

F. D. Bell.

John Rogan, Esq., J.P., &c., Auckland.