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

Minutes of Evidence taken re Payment for Opouteke Block, 19th June

Minutes of Evidence taken re Payment for Opouteke Block, 19th June.

Te Haurangi: I live at Mataawa. I remember the first bringing of the Opouteke Block before the Lands Court at Kaihu, in January, 1875. Symonds was the Judge. I was there with Heta. I spoke to the Court with respect to our land that was included in their survey; that is, the survey of Wharepapa and party. I was questioned by the Judge. Wharepapa disputed my claim. I said I did not dispute their claim to their land, but only to ours, that is, Heta, Ihaka te Tai, and myself. I said the land had been stolen by the surveyor, by them. The Maoris who assisted the surveyor, Hopeha, and others were asked by the Judge. My claim was admitted by the Court to our land that had been included in this survey. Opokena is the new name of the piece. The plan was placed on the table, and Wharepapa asked me if I knew my piece. I pointed it out; its name is Owhata. I pointed out the other boundary, Te Pukitaru. I cannot point out the line on this plan (produced); but one was made on the plan in Court. The Court ratified it. My name was not written in. Heta then proposed that Wharepapa should be allowed to deal with our piece too. The Court and we all consented to this. It was arranged that my money should be paid to myself by Wharepapa, or some one paying the money, and that myself and Heta should be present when the money was being paid. This is what I said in the Land Court. Wharepapa promised that when he received the money that he would pay our share to us. There has been a great deal of deceit in him: I was at Kaihu when the money was paid for this land. Mr. Preece wrote for us to come. I went, but not Heta. He had also, at Ohaeawai, told me to come I did not see the money actually paid to Wharepapa. I do not know how much he got. I expected to be paid for the area of my piece. I forget now how large the piece was. I did know at the first Court. I cannot say how much I ought to have had Wharepapa did not give me a penny even. I did not know that he gave any to Heta or to Ihaka. Heta may say. I asked Wharepapa for it in Mr. Preece's presence. He replied that Heta and self were thieves. He was obstinate and would not give any. The only money I got at Kaihu then was £10 from Mr. Preece. I returned home. I left £90 in Mr. Preece's hand to bring to Auckland. This was paid to me in consequence of Wharenapa's bad behaviour. The £90 was taken to Auckland by Preece in consequence of a letter I had given him from Ihaka and Heta te Haara. Immediately after I had signed a receipt for the £100, I was told by Mr. Preece that I was to have no further claim on the Government. I would not have signed had I known this before. Mr. Preece and Mr. Kemp alone were present. The money was paid to me before this explanation. I had the money in my possession. I did not return it, nor make any objection to what had been said. Preece wrote a letter for me to give to Heta, and read it over to me. I took the letter to Heta, and gave it to him on my return to Ohaeawai. We both came to Kororareka and saw Ihaka. These two disapproved of what I had done in taking the £10. Heta and self came to Auckland about it. We went to Mr. Kemp's office, and saw Mr. Kemp and Mr. Preece Mr. Preece handed us the £90, and Heta would not receive it, as he did not approve of it, as the land was a large piece. We did not then take it. Heta said he would retain the land. We saw Mr. Nelson. I did not speak to him about this matter; perhaps Heta did. We went back to Kororareka. Before this (our return), Paora Tubaere, Heta, and self were standing in the street at the corner of Queen Street, outside an entrance. Nelson had pointed out the place, saying that was the house of his lawyer. We went upstairs, and Nelson came up after. He interpreted for us. We did not speak, only Nelson: it was he who had advised us not to take the money (£90). He had talked to us at a public-house before this. We met him in Queen street, and said he was very glad to have seen us before we went to the Native Office. He gave us all the information about the area of the land and everything. We went to see Mr. Tole to try to get money from the Government, not from Wharepapa. We all went together to Sir. George Grey. We never said anything; the lawyer did all the talking. Paora spoke a little about his matter with Tiopira. We all went to Colonel Haultain also, then we returned to Kororareka, as I have said. I was not aware that Heta received this £90 while in Auckland.

Before the payment of the money I spoke to Mr. Preece not to pay all the money to Wharepapa. I do not know if he heard me, as there was a noise. I was not present when Wharepapa was paid. I went to the Court House, but the door was closed. I may have got the £100 from Mr. Preece before Wharepapa was paid. Mr. Kemp was present. It was in the day-time, about noon sometime.

Na pei te, Te Haurangi.

James Stephenson Clendon: I am Clerk of Native Lands Court, Kaipara District, sitting at Kaihu. I remember in May, 1865, the investigation of Opouteke Block. I was acting there. The adjudication was in favour of Kamariera Wharepapa, with consent of Heta te Haara and Haurangi. The opposition was in Haurangi's name. During the investigation, Haurangi pointed out a portion of the plan which he claimed. Captain Symonds, the Judge, drew a mark across with a ruler. It was a line between. page 135the two points known to Haurangi. Wharepapa made no objection at the time. He was to be sole grantee, but was to pay Haurangi for the acreage contained in the portion marked off. Wharepapa's name was inserted in several Crown grants, amounting to 80,000 acres in all. He was so put in at request of the Natives to act as agent for them. Mr. Nelson was present at this Lands Court during part of the time. I was present at Kaihu when the purchase was completed at last Kaihu Court (January and February, 1876). I interpreted the deed. I remember Haurangi expressing great dissatisfaction at Wharepapa not acceding to his claims—not giving him what he wanted. It was against Wharepapa, not against the Government. It was both before and after payment for the block. Heta te Haara was not at Kaihu at all, or probably would have got a larger share. Wharepapa had only a small interest in Opouteke. The money was distributed all through the country, to Bay of Islands and else where

James s. Clendon.

John Jermyn Symonds: I am a Judge of Native Lands Court. I held a Court at Kaihu in May, 1875. The Opouteke Block was then adjudicated upon. Kamariera Wharepapa was appointed agent by the Natives concerned, and at their request his name was put in the memorial. Two Natives named Heta te Haara and Te Haurangi were present, and claimed a part of the block. Their claim was admitted. They pointed out the spot before the people in Court and Wharepapa; and a line was drawn across, either by myself or in my presence, to indicate the extent of their claim in a rough way. A note of their claim was made in the Court minutes. The memorial was made to Wharepapa with their full consent. The consent was asked for three times in open Court, and given. The grant would issue in Wharepapa's name alone, and he alone would have the power of selling. Te Haurangi alone was the complainant, not Heta te Haara. In January last, at Kaihu, I witnessed the execution of the deed of sale by Wharepapa to the Government [produced]. Haurangi was at the Lands Court. I do not know if he was present at the signing of the deeds. No protest of any kind was made when the deed was signed and the money paid.

John Jermyn Symonds.

Heta te Haara: It was not my suggestion, at Mr. Tole's office, that we should go to Sir G. Grey it was Mr. Nelson's. Mr. Kemp gave me the £90. When I first went Mr. Kemp said, "Take your money." I said, "Let it be for a future time." At my second going I found Mr. Kemp alone. I said, "I had come to fetch my money." He said, "Very well." Mr. Kemp gave it to me. Mr. Preece was not present then. Mr. Vickers was there. He brought the money upstairs. I knew what the money was—the money brought by Preece from Haurangi at Kaihu. I understood that we should have no further claim upon the Government by Mr. Preece's letter of the 2nd February. I believe that the letter produced is an exact copy of it. There had been no new arrangement about this land since then. I expected to have got £600, as I was told that there was 5,775 acres in our piece. I have applied to Wharepapa for the money, but he said it was all gone from him; that it rested with Petu and others who had the money. I knew that the £90 was with Kemp. Mr. Preece had shown it to us at the Native Office on the first occasion when we declined it before. Mr. Preece said he would not take it as it was not his, and left it with Mr. Kemp. He did not tell us that we might get more afterwards. Mr. Preece and Mr. Nelson both returned to Kororareka in the same steamer with me. On board the steamer, Mr. Nelson said to me that he was afraid of letting Mr. Preece see him talking to me. He did not talk to us in Mr. Preece's presence. I was not at Kaihu when the money was paid I was ill, or should have gone.

Heta te Haara.

The statements of Peita te Haurangi, John Jermyn Symonds, James Stephenson Clendon, and Heta te Haara were taken by me, on seven sheets of paper, number 1 to 7, and severally declared by the above-named persons, by virtue of provisions of "Justices of Peace Act, 1876.

R. C. Barstow, B.M.