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

[Evidence of James Stephenson Clendon]

James Stephenson Clendon: I am Secretary to the Native Lands Court at Kaihu, in the Kaipara District. I was present during the Lands Court session at end of January and beginning of February, 1876, when Waipoua and Maunganui Blocks were adjudicated. I have heard the evidence of Paora Tuhaere and Mr. Nelson, and have no wish to say anything thereon prior to the adjudication. I was present at the signing of the documents; I interpreted the deeds. The sum for consideration was blank, and the cause thereof explained to the Judge by Mr. Preece before me and to myself also. The cause was that, as the price which Parore would take had not been agreed upon, it was advisable to leave the space blank, so as to fill in the full amounts when ascertained and deed, executed by Parore. The object was to make one deed answer for the sale of each block by the co-grantees, otherwise there must have been a separate deed for each interest in each block. When I read the deeds, I read them at the price for which Tiopira sold his claim, £2,000. Some days after I read the deed to Parore. I explained the deeds on each occasion. I expressed the consideration Parore was to receive; I am not certain that I told him how much Tiopira had received, but may have done. I understood that Mr. Preece advanced £100 on Parore's account to Tiopira, to come out of the Waimata money, which was, to my knowledge, in Auckland. I had seen it paid some months previously, and saw it sent to Auckland through a Mr. Mitchelson, Dargaville's manager. Tiopira was perfectly aware that he received the £2,000 in liquidation of his claim on the two blocks. When Tiopira received his money and signed the deed, he relinquished all claim and title to his interest in the two blocks; thereafter the Government and Parore would remain joint owners. I am stated by Mr. Nelson to have been present on the 4th, when Mr. Preece, in reply to Tiopira, said that Parore had consented to accept page 131this money, and Mr. Kemp was said to have added, "We have just come from Parore's house; he has consented." I heard no such conversation. I knew that no arrangement had been made at this time as to price with Parore, and should have noticed such remark. I was close by and think I must have heard any such remark. I remember Paul asking for the increasing the price to £2,000, and that conversation, which lasted from twenty minutes to half an hour; till Captain Symonds arrived. Mr. Nelson was at the opposite side of the hall sitting under a window on a form; I was beside the table where the talk was going on the whole time. I heard Mr. Preece asked by Tiopira why it was necessary to sign the vouchers in addition to the deeds; Mr. Preece told him it was necessary to have the vouchers to send to the Treasury. I understood that the £100 was an advance for Parore on account of Waimata, the other the balance of the purchase money. I had heard the Natives themselves, at a public meeting, speak of and acknowledge the money they had previously received. I did not hear any dissatisfaction expressed by Tiopira's people after the transaction. William Young, interpreter, told me they had been to Colonel Haultain's about a month subsequently. I have only seen Tiopira and Parore once each since this business. I remember Mr. Kemp, after Tiopira, had received the money, remarking that he had got the best of the bargain, and Mr. Nelson expressing his concurrence. This was, I think, in the Courthouse.

James S. Clendon.

Declared to before me— R. C. Barstow, R.M.