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

[No. 7.]

No. 7.

His Honor the Superintendent, Auckland, to the Hon. the Colonial Secretary.

Superintendent's Office, Auckland, 21st March, 1876.

Sir,—

I, have the honor to submit, for inquiry and consideration by the General Government, the copy of a letter which I have received from Mr. J. A. Tole, M.G.A., regarding alleged improprieties in connection with the purchase by the Government of a block of Native land near Hokianga.

I have, &c.,

G. Grey.

The Hon. the Colonial Secretary, Wellington.

Enclosure in No. 7.
Mr. J. A. Tole to His Honor the Superintendent, Auckland.

Auckland, 13th March, 1876.

Sir,—

I have the honor, in pursuance of the interview which, in company with the Native chiefs Paora Tuhaere, Heta te Haara, and Haurangi, I had with your Honor a few days ago, on the subject of the improprieties connected with the purchase of Native lands near Hokianga, to make known the facts relative to the Opouteke Block, having already written to your Honor on the subject of the other two blocks, named Waipoua and Maunganui.

Early last year the above-named Opouteke Block, containing 43,622 acres, was subject to an adjudication coram Symonds, Judge of the Native Lands Court. The claimants were three in number, named respectively Heta te Haara, Haurangi, and Mare, the last-mentioned of whom, apparently, was the acknowledged claimant of the greatest territorial interest. The Court was about to enter into the usual investigation of the claim, when, after a short conference with Mare and Heta te Haara, and on the persuasion of Mare, and with the concurrence of Heta (a concurrence never since questioned), Haurangi addressed the Court to the effect that it was arranged that Mare should be allowed to be sole grantee of the whole block on condition that he (Mare) would consent to hand over to the others (Haurangi and Heta), when the block would be sold, such portion of the total purchase money as would be equivalent to that part of the block (viz., 8,775 acres) contained within certain limits, which limits were, with the consent and by the direction of all parties, in their presence and in the presence of the Judge and other officers of the Court, accordingly officially delineated by pencil lines by the Government Interpreter on the official map submitted to the Court. In order that this arrangement amongst the claimants might be judicially noticed, Haurangi properly made a special request to the Judge that a record of the fact might be made; and such, it is understood, was made.

Mare, consequently, became the sole grantee. Till recently (and at such a distance of time from the first adjudication, that a second hearing or appeal was, according to the Native land laws, rendered impossible) nothing ever transpired to create any doubt that the arrangement come to by the parties, and recognized by the Court, would be violated.

The block has recently been purchased by the Government, through their Native Land Purchase Agents, who, I am instructed, were thoroughly aware of the existing agreement amongst the Natives concerned; and here, in no little degree, lies, as I am informed, the grievance which it is desired to bring under your Honor's notice; for the Native Mare has been paid the whole of the purchase money, and the other Natives, Haurangi and Heta te Haara, have received nothing, except to the extent and in the manner as I shall now describe. They spoke, on the occasion of the completion of the purchase, both to the Native Mare and the Native Lands Purchase Agent who was paying the money, reminding them of the agreeement arrived at in the Court and sanctioned by the Judge; but Heta and Haurangi were in turn reminded that the time for a re-hearing had passed, and that Mare, being the sole grantee, no other person could be recognised; nor were Heta and Haurangi deemed entitled to their agreed portion of the purchase money, notwithstanding that the arrangement was public, before a legal tribunal, and then and there confirmed, by being marked upon the judicial map in the presence of the parties, by the Interpreter of the Court.

page 121

Under this representation of the position of the matter, Haurangi was, in the absence of Heta te Haara, induced by the Government Agent ("out of feelings of friendship," as it was stated, and also out of consideration for the loss they had sustained by Mare's repudiation) to sign a Government voucher for the sum of one hundred pounds (£100), of which he (Haurangi) received ten pounds (£10), the remainder being reserved, as it was alleged; for payment to Heta, who has according been offered the balance of ninety pounds (£90), but which he has indignantly refused, maintaining, with Haurangi, that they together, are justly entitled to their proportion of the total purchase money, which proportion, calculated at the selling rate per acre for the block, would amount to about six hundred and fifty pounds (£650).

Acting upon instructions from these so far prejudiced Natives, I, with them, and in company with the Native Chief Paora Tuhaere, waited upon Colonel Haultain, the Trust Commissioner under the Native Lands Frauds Prevention Acts, with the view to his making most searching inquiries into the equitable disposition, amongst the proper parties, of the purchase money, before testifying to the satisfactory alienation of the block, by the indorsement of the certificate to that effect. The conveyance has not yet reached his office, and the Trust Commissioner has, at my request, kindly taken a few concise notes of the circumstances herein detailed.

The Natives on whose behalf, as solicitor, I now write, respectfully request that your Honor will endeavour to secure the money to which they are entitled, by such representation to the Government, or otherwise, as your Honor, under the circumstances, may deem effectual.

I have, &c.,

Joseph Augustus Tole,
Solicitor.

His Honor the Superintendent, Auckland.
30th March,1876.—

Hon. Native Minister,—

C. C. B.

8rd April, 1876.—Recommended that this be forwarded to Mr. Preece for his report.

H. T. Clarke.

3rd April, 1876.

—Approved:

D. McLean.

6th April, 1876.—

Mr. Clarke.

Will you act upon this? I believe Mr. Preece is an officer of your department.

G. S. Cooper.

20th April, 1876.

—Attached hereto is a memorandum by me on the subject.

—J. W. Preece.