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

[No. 67.]

No. 67.

Herbert S. Wardell, Esq.,R.M., to the Hon. the Native Minister.

Wairarapa.—On Occupation of Land near Waiohine Bridge by Ngatuere and Party. Wellington, 22nd January, 1861.

Sir,—

In the memorandum I had the honour to hand you on the — ultimo, on the alleged improper occupation of certain land near the Waiohine Bridge, Wairarapa, by Ngatuere Tawhao and others, I stated that I could not form an opinion on the right to the land in question until I had examined certain plans and applications for land in the Crown Lands Office. Having made the necessary examination and inquiries, I have now the honour to report that I am of opinion that Ngatuere is in rightful occupation of the land, and that no sufficient reason exists for his removal from it. The land has not been sold by the Crown, but forms a portion of the Ferry Reserve, of which 140 acres were given to Ngatuere by deed dated March, 1858.

I annex for your information—(1) A copy of a portion of a plan dated 1856, now in the Crown Lands Office, on which the Ferry Reserve, the surrounding selections of land, and the proposed: line of road are given; (2) copies of application for land situate to the west of the Ferry Reserve (Mr. Fennie's, dated 19th March, 1856; Captain Carlyon's, dated 20th November, 1856); (3) a duplicate of (1), on which I have indicated by dotted lines the position of the present road, and the site of Ngatuere's village. From these it appears that the land applied for in 1856 by Mr. Fennie and Captain Carlyon was bounded on the east by the then new line of road and the Ferry Reserve respectively, as given in the annexed plans. It is worthy of remark that Fennie's application was put in by Mr. Hughes, the surveyor, who afterwards made the plan from which the tracings 1 and 2 are taken. The diversion of the road was not determined upon until subsequent to 1856. The fact of the road being diverted does not affect the boundary of the land sold; it follows therefore that that portion of the reserve between the road as proposed in 1856 and the road as now formed does not form part of the land selected by Messrs. Fennie and Carlyon, and consequently that Ngatuere's occupation of it does not interfere with any right acquired by them. Crown grants have not yet been issued for the selections referred to.

The circumstances under which Ngatuere occupies a portion of the reserve are these: In March, 1858, in consideration of the sum of £200 and 400 acres of land, of which 140 acres of the Ferry Reserve were to form a part, he executed a deed conveying to the Crown the Taratahi Block, which had been previously sold by Wi Kingi and others. I applied to Mr. District Commissioner Searancke, to be informed whether any arrangement had been made as to what part of the Ferry Reserve was to be given to Ngatuere, and in reply received the letter of which I annex a copy for your information.

Although Ngatuere's portion of the reserve has not been set out or defined, he has been allowed to form the village and occupy land on both sides of the present road. I consider, therefore, to require him now to remove to any other portion of the reserve would be as unjust as, I am satisfied for the reasons given in my memorandum, it would be impolitic. It is highly important that the 140 acres should be set out with the least possible delay. It is desirable that a few acres (five or ten) at the approach of the bridge should be reserved as they might be required.

I have, &c.,

Herbert Wardell,
Resident Magistrate.

The Hon. the Minister for Native Affairs, Auckland.

Enclosure.
Mr. Commissioner Searancke to H. S. Wardell, Eaq., R.M.

Wairarapa.Concerning Reserve of Ngatuere. Wellington, 7th January, 1861.

Sir,—

In answer to yours of this date, referring to the Ferry Reserve at the Waiohine River, as applied to the reserve for Ngatuere Tawhao, I beg to state that no arrangement was made as to what particular portion of the Ferry Reserve was to be given up to the Natives, but assuredly the part actually occupied by them. The then Crown Lands Commissioner verbally requested me to retain a portion, represented to me as a valuable site for a mill, in the lower part of the reserve down the river. To this I consented, provided that it did not interfere with the Natives, nor was a portion which they particularly wished to have for cultivation. Ngatuere's reserve has not been set out up to the present time, notwithstanding repeated applications on my part to the Provincial District Surveyor to set out the Ferry Reserve in accordance with the plans in the Provincial Survey Office. At the present time I am returning to the Wairarapa, unable to carry out my engagement to Ngatuere to set out the reserve (which I had engaged to do myself at once) from want of the necessary bearings and lengths of lines to enable me to do so.

I have, &c.,

William N. Searancke,
District Commissioner.

H. S. Wardell, Esq., Wellington.