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

[No. 24.]

No. 24.

The Hon. the Surveyor-General to the Hon. the Colonial Secretary.

Judge's Bay.—Sale of it disputed by Orakei Natives.

Surveyor-General's Office,

12th September, 1843.

Sir,—

I beg leave to forward a letter from the Ngati Whatua tribe at Orakei respecting the land between Mataharehare and Orakei Bays, which they state they did not intend to include in the purchase effected by Mr. Clarke for the Crown. The subject having been recently brought before the notice of His Excellency the Lieutenant-Governor in an interview with these Natives, they were told that any communications they might wish to make to Mr. Clarke should be forwarded for them, but that in the opinion of His Excellency they had failed in establishing their claim, as the land was included in the boundaries of the deed of sale signed by them; and that they should have brought their claim forward some years ago when they saw the land surveyed and laid off in small portions for sale, or when they saw the Europeans taking possession of it by fencing and building thereon.

I have, &c.,

C. W. W. Ligar, Surveyor-General.

The Hon. the Colonial Secretary, &c., &c., &c.

The letter alluded to forwarded to Mr. Clarke with a copy of this one, and Mr. C. informed that H. E. will be glad to receive any remarks on the subject which he may wish to make.

By command, A. Sinclair.

15th September, 1848.

Enclosure 1 in No. 24.
George Clarke, Esq., sen., to the Hon. the Colonial Secretary.

Auckland.—Respecting Native Claim to Judge's Bay.Waimate,2nd October, 1848.Sir,—

Your letter of 16th September, enclosing a letter from the Chief Hira, of Orakei, together with a copy of a letter from the Surveyor-General "on the subject of a claim set up by the Ngatiwha-page 156tua tribe to a portion of land situated between Mataharehare and Orakei," I duly received this day; and I have the honor to transmit to you for the information of His Excellency the Lieut.-Governor the following remarks:—

In the absence of all public records upon the subject in dispute, it appears to me that His Excellency's remarks are conclusive. If the Natives have permitted the surveys to be made of the said lands, and some of the allotments to be occupied, without having brought the case under the notice of the authorities, I fully concur in considering that the Ngatiwhatua tribe have failed in establishing their claims.

If the surveys of the land in dispute were made during the time when I had the honor of holding office under Her Majesty's Government, the Natives would doubtless have brought the subject under my notice. I have no record or recollection of their ever having done so.

I have written a letter to the Ngatiwhatua tribe in answer to the one they have written me, which, with a translation, I herewith enclose for the approval of His Excellency the Lieut.-Governor.

I have, &c.,

George Clarke.

The Hon. the Colonial Secretary, &c., &c., &c.

Enclosure 2 in No. 24.
George Clarke, Esq., sen., to Chief Te Hira, Orakei.

Auckland.—Denying Hira's Claim to Judge's Bay. Te Waimate, 2nd October, 1848.

Friend Te Hira,—

I have seen the letter you wrote me, in which you request me to go to Auckland to make straight the boundaries of certain lands sold by you, some time ago, to the Governor. There is no need in my going to Auckland. I think that you are in error. It is reported that these lands were surveyed many years ago. How is it you did not come to me when I was at Auckland? if you had done so it would have been arranged long since. Whose doing is this that lands which have been sold by you so many years should be again disputed? I have often told you how disgraceful a thing it is to dispute or deny your former transactions.

From your Friend, George Clarke.

To Te Hira, Orakei.

A true translation— Henry T. Clarke.