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

[No. 14. Major Heaphy to the Under-Secretary, Native Department]

No. 14.

Major Heaphy to the Under-Secretary, Native Department.

Report on the Payment of the Auckland Ten-per-Cents. Wellington, 29th May, 1874.

Sir,—

Pursuant to instructions received from the Hon. the Native Minister, I proceeded to Auckland on the 25th of March last for the purpose of paying the Native sellers of the blocks mentioned page 9below the sums that had accrued to them as 10-per-cents of the proceeds of land sales, in accordance with the terms of the respective deeds of cession.

The sums that had thus accrued up to the 1st April, 1874, were: Upon Remuera, £1,348 9s. 10d; Paioterangi, £609 14s. 6d.; Hikurangi, £1,653 7s. 2d.; Puatahinga, £432 10s.; Ruakaka, £473 16s. 10d; Mangawhai, £419 13s. 2d.; Hunua, £889 18s. 7d.: total, £5,827 10s. 1d.

There was a similar contract entered, into with the sellers of the Piako Block, in the Thames District, but no land had been sold there.

The contract under which the liability for payment of 10-per-cents occurred was contained in the following words: "It is further agreed by the Queen of England, on her part, that there shall be paid for the following purposes—that is to say, for the founding of schools in which persons of our race may be taught, for the construction of hospitals in which persons of our own race may be tended, for the payment of medical attendance for us, for annuities for our chiefs, or for other purposes of a like nature in which the Natives of this country have an interest—10 per cent., or ten pounds out of every hundred pounds, out of moneys from time to time received for land when it is resold."

The only payments that had ever been made out of the Ten-per-cent. Fund (which had been kept separate at the Treasury) were the following: 1862.—Construction of Orakei Bridge, £538 17s. 5d. and £586 10s; unaccounted for, £20: total, £1,145 7s. 5d. The Orakei Bridge was built in 1862, to connect the peninsula of that name with Remuera, a suburb of Auckland. The largest Native settlement in the district was at Orakei, and the sellers of Remuera consented that a large portion of the cost of the bridge should be charged against the 10-per-cents. Unfortunately, the records of the transaction and all the vouchers for the disbursements save one were lost at the sinking of the "White Swan" steamer.

Remuera.

At the meeting held with the sellers of Remuera, I placed the accounts before them, and explained the nature of the charges for the bridge. The absence of the papers made it very difficult to make clear the circumstances that had occurred so far back as 1862. The charge for the bridge amounted to £1,125 7s. 5d., and the total money that had accrued to £1,348 9s. 10d., of which sum it was very desirable that about £400 should be appropriated for school and hospital purposes. Thus, if the bridge were paid for, the Natives would have nothing to receive. But the result of careful inquiry revealed that the other section of the Ngatiwhatua Tribe living on the West Coast, between Manukau and Kaipara, had derived considerable benefit from the bridge. They came frequently to Orakei, and even had interests inland there I therefore proposed that, of the sum of £1,125 7s. 5d. for the bridge, £586 10s. should be charged to the Hikurangi, Paioterangi, and Puatahinga Blocks, on the West Coast. This was agreed to by all concerned: the sum of £404 16s. 2½d. was set aside for hospital and educational purposes, and £46 12s. 5d. appropriated (very willingly on the part of the Natives) to the cost of the management of the fund. Finally, I paid Paul Tuhaere and Te Hira the sum of £356 13s. 9d., and have £1 10s. left in hand.

Paioterangi.

On this West Coast block there had, on the 1st April last, accrued, the sum of £609 14s. 6d. Of this I proposed that £239 15s. 6d. should be devoted to Native schools and hospital purposes, and after a long discussion it was agreed to, the Natives asking that the schools might be established at their settlements on the West Coast.

For the Orakei Bridge £130, 3s. 5d. was set aside, with £20 8s. for the expenses of management. Ultimately, the sum of £211 16s. 0½d. was paid to the Natives, leaving £7 11s. 6d. in hand to meet a possible claim.

Hikurangi.

To April 1st, 1874, the 10-per-cents accrued on this block amounted to £1,653 7s. 2d. It was agreed, after an exhaustive discussion of the whole subject, that £361 13s. 7d. should be deducted to pay for the bridge, and £57 7s. for expenses of management. I required that £645 16s 9½d. Should be devoted to hospital and educational purposes, which was agreed to, Natives asking that the schools should be established at their villages. The sum of £588 9s. 9d. remained for distribution to the sellers and their representatives.

On the deed of cession of Hikurangi are the signatures of the Waiuku chiefs Te Katipa and Aihepene Kaihau. On my proposing to set aside some money for these Natives it was opposed strenuously by the Ngatiwhatua sellers, who asserted that they had no right as owners of the sold land, but had only been paid some money on account of the murder of a relative there. Aihepene Kaihau and Te Katipa's heirs are now in the King country, and until they can have an opportunity of stating their case I propose to retain the sum of £100 14s. 7d., which will cover the outside limit of their claim. I paid the sum of £487 15s. 2d. amongst Te Watarauihi's people and the original territorial owners of, Hikurangi.

Puatahinga.

This block also lies on the West Coast. To the 1st of April, 1874, there had accrued the sum of £432 10s. The Natives, who fairly represented the original vendors, agreed, after full discussion, that £94 13s. should be charged to the bridge account, and £14 17s. to expenses of administration. They also consented to £168 18s. 6d. being kept for schools and hospitals. The sum of £154 1s. 6d. was then divided amongst those who had sold the land, the survivors of the deceased vendors, Paul and Te Watarauihi, allotting the money. Of the sum last named, £50 on this block and £30 on the Hunua were, at my instance, handed over to Colonel Balneavis and Dr. Goldsbro', the legal guardians of the sons of the deceased chief Isaac Takaanini, who are being educated at the Auckland Grammar School.

Ruakaka.

On this land, which lies between Whangarei and Waipu, there had, on the 1st April, 1874, accrued the sum of £473 16s. 10d. I went to Whangarei to meet the persons interested in the page 1010-per-cents, but they were so dispersed at Native meetings and gum-digging that I could make only a few payments. The chief Taurau, and those who were present, representing the sellers, agreed to £236 18s. 5d. being appropriated to education and hospitals, and £16 5s. 4d. to the expenses of administration. This left £220 13s. 1d. for distribution amongst the Native sellers. Finding that the Natives did not come to Whangarei, I convened a meeting for Mahurangi—a central place for the scattered people interested in this and the Mangawhai Block,—but they did not meet me there. Ultimately I found in various places a few more of those interested, and made payments to the extent of £35, but found it necessary to leave with Mr. Robert Mair, at Whangarei, and the Rev. Mr. Gittos, at Kaipara, blank receipt-forms to be signed by certain indicated Natives, to whom I can remit the respective amounts that have been decided upon. I may state that the Ruakaka Natives had entirely forgotten the stipulation relating to 10-per-cents.

Mangawhai.

This was a very difficult case to deal with, there being no less than fifty-eight parties to the sale, the majority of whom were dead, but whose descendants had to be found: the money to be divided—£419 13s. 2d.—the smallest of all. These people failing to appear at Whangarei and Mahurangi, I met the principal of their chiefs at Auckland and other places, and they agreed to deal with the money in the following manner—namely: to appropriate to schools and hospitals £209 16s. 7d.; to expenses of administration, £14 6s. 6d.; and to presents, £195 10s 1d.: total, £419 13s 2d.

The chiefs Adman Karaka and Eranihi Paikea, principal men in the sale, gave me valuable assistance in allocating the amounts to the respective claimants. They had all quite forgotten the circumstance of the stipulation, and expressed their gratification at the Government having taken care of their interests. In this case, after paying £68 to those present, I had also to leave blank-receipt-forms with Mr. Commissioner Kemp, the Rev. Mr. Grittos, and Mr. R. Mair, to be signed by the absent Natives, to whom I promised to remit the amounts decided on.

Hunua.

On this block, which lies immediately to the east of Drury, there had accrued, to 1st April, 1874, the sum of £889 18s. 7d. On assembling the Natives interested in this block, a difficulty occurred: the chief Hori Whetuki (Long George), of the adjacent Wairoa Valley, appeared and declared that his claim—a considerable one—to the Hunua had never been extinguished. He further said that he was absent from sickness at the time of the sale, and that his friends had not attended to his interests. He now demanded such a share of the 10-per-cents as would be equivalent to the share he ought to have originally received. Of course the claim involved a long discussion; but from the evidence of disinterested persons, and the admissions of those who had sold the land, it appeared that the claim was a valid one. Honetana and the other sellers were consequently induced to hand over to Hori Whetuki a share of the money divisible amongst them as large as that which he ought to have received at first. Hori then signed a receipt for the 10-per-cent. money as one of the sellers of the Hunua Block, and all parties were satisfied.

In this case; also, I had to keep back some money for two Natives who are at present in the King country. It was argued by the people present, in this case as at Hikurangi, that such Natives, by having thrown off their allegiance to the Queen, or from having become Hauhaus, had disentitled themselves to participation in the money now being paid—in fact, that their interests ought to be confiscated in favour of the more loyal of the sellers. I told them that the idea could not be entertained: the absentees had kept to their side of the contract, and the question of their faith or place of residence could not be considered. Opposition then ceased, and it was agreed that £444 19s 3½d. should be set aside for the schools to be established and for hospital purpose, and £30 11s. for expenses of management. This left £414 8s. 3½d. to be divided amongst them. I paid £364 8s. 3½d. and retained £50 to meet any claims that absentees in the King country or elsewhere may make good.

The total amount set aside to cover expenses of administration of fund, which includes passages to Auckland and back, visits to Whangarei, Mahurangi, Waikato, &c., is £200 7s. 3d.; for schools and hospitals, £2,351 1s. 4d.; for distribution to Natives, £2,149 3s. 11d. Of the last above sum, £1,677 14s. 8d. has been paid, and £472 19s. 3d. is in the fund, and available for distribution when certain claims are decided on and certain receipts obtained.

It was not, by the terms of the several contracts, necessarily incumbent to obtain the acquiescence of the Natives to the partition of the fund as above mentioned, but I considered it judicious to obtain it to prevent possible dispute hereafter, while I indicated that it was not to form a precedent to govern any future payments. The general effect of what has been done has, I think, shown that the Government keeps faith in respect to its obligations, however negligent and forgetful the Natives may occasionally be of the interests of themselves and those who will succeed them.

I have to express my thanks to Mr. George Brown, whose services as interpreter were kindly placed at my disposal by Mr. Commissioner Kemp, and who was very useful in explaining the accounts.

Charles Heaphy,

Commissioner of Native Reserves.

The Under-Secretary, Native Department. P.S.—Accounts and receipts are appended.

Statement of Expenditure of Sum of £2,340 19s. 4d., advanced to Commissioner of Native Reserves, on Interest, to pay Auckland Ten-per-Cents.

Paid Remuera Natives, £356 13s. 9d.; Hikurangi Natives, £487 15s. 2d.; Paioterangi Natives, £211 16s.; Puatahinga Natives, £154 1s. 6d.; Hunua Natives, £364 8s. 3d.; Ruakaka Natives, £35; Mangawhai Natives, £68—£1,677 14s. 8d.; balance paid to Public Account, 30th May, 1874, £663 4s. 8d.: total, £2,340 19s. 4d.

Charles Heaphy,
Commissioner, Native Reserves.

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