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

[No. 16. Mr. H. T. Clarke to Mr. Henry Halse.]

No. 16.

Mr. H. T. Clarke to Mr. Henry Halse.

Sir,—

Civil Commissioner's, Office Auckland, 26th January, 1871.

I have the honour to report that I left Auckland on the night of the 16th instant to accompany the Hon. the Native Minister on a visit to the Bay of Plenty settlements, arriving at Tauranga at noon of the following day. Great numbers of Natives were in the town, chiefly Arawa, attending a sitting of the Native Land Court, presided over by Mr. Judge Smith. Everything was orderly and peaceable. No sooner was the "Luna" made fast alongside the wharf than she was thronged with Natives, each one having his own story to relate or request to make, and, to economize time, it was arranged that separate meetings of the Arawa and Ngaiterangi should be held on Wednesday, the 18th. The rest of the day was taken up in arranging the projected extension of the roads which had already been begun, and which it was intended should be vigorously prosecuted without delay.

On Wednesday the Arawa chiefs, Hori Haupapa, Matene Huaki, Wi Maihi, Mita Hikairo, Rewi, Rotohiko, and many others of less prominence, met Mr. McLean. The first subject introduced was the working of the Native Lands Act, in which the young and intelligent chiefs alone took part.

Rewi Tereanuku complained of the fresh imposition of fees, and desired to be informed how it was that a list of these fees was not published in the Gazette; that what with fees and the extraordinary way in which the surveys were allowed to be carried on, the expenses, which were a lien upon the land, were nearly as much as the land was worth; that, instead of every facility being given to bring their claims before the Court, the reverse was the case. He asked whether it was true that the reason the fees were increased was so as to help the Government to bear the working expenses of the Court, as such had been reported to them.

Aporo te Tipitipi said that not only were the fees heavy, but the manner in which the surveys had been made had greatly perplexed them. There was an instance of great hardship, which had been brought before the Court. There was one piece of land which had been surveyed, with slight alterations, no less than four times. Licensed surveyors flocked into the district, anxious to get work; they persuaded the Natives, and the Natives, believing the licensed surveyor to be in a measure responsible to the Government, had yielded, so that in one way or another it was a source of great trouble and expense. Another grievance arising out of these surveys was, they were often clandestinely made, insignificant names were introduced into the surveyor's plans, and the well-known places were page 39altogether suppressed, so that encroachments were made, and the claimants were not aware of the fact until it was too late.

Mita Hikairo said: "I am an officer of the Native Land Court, and I feel some hesitation in speaking, but I have observed that there are alterations continually being made, and these alterations are not published in the Gazette. The Arawa were under the impression that the charges were the same as of old, and did not come prepared for these new fees. These heavy fees prevented many speaking who have a just claim to the land, simply because they have not the means to pay. Then with reference to the system of surveys. Every claimant has a survey of his own; and if all the surveys are paid out of the estate, it does not matter how large that estate is, it is swallowed up in expenses: as has already been heard, there is a piece of land at Maketu, which has, with slight variations, been surveyed four times. Already £1,200 of Arawa money has been swallowed by the surveyors; this, added to the heavy fees, is a great wrong to the Natives. It must not be thought that, because the Arawa do not bring their lands forward, therefore they have become Hauhaus. It is not so: the reason is they cannot pay the heavy expenses."

Mr. McLean replied that if he had been made aware in time he would have considered the subject of their difficulties that had been stated, and should have taken steps to have the Native Land Court adjourned for the present. And with regard to Wi Hikairo's speech, it Was clear, and as an Assessor of the Court, who had had a good deal of experience, he ought to be able to judge. He would not charge the Arawa with becoming Hauhaus simply because they did not bring their claims before the Court. It was for the men they returned to the Parliament to move in this matter; they would be patiently listened to, and any suggestions or alterations they might desire would be considered. It was for matters such as these that Native members were admitted into the pakeha House of Assembly. It was not pretended that the Native Lands Act was perfect, and it would be well to urge the Maori members to assist in improving it.

Mita Hikairo said: "Now that you have introduced the subject of Maori representation, I wish to give the Maori view of that matter. We do not consider that we are sufficiently represented; there are too few returned in proportion to the number of Europeans. We do not consider that Tareha is a representative of ours; letters have been sent to him from this district, but he never took any notice of them."

Mr. McLean said: "There are several European constituencies not represented as well as the Natives, if numbers are to be taken as a basis of calculation. It was estimated that there were 40,000 Natives; they have one representative to every 10,000 inhabitants. On the other hand there are some European districts where they have nearly 20,000 inhabitants who only return one member—for instance, the gold fields. With regard to the Native members, the matter is in your own hands; the elections are now coming on, and you ought to return a man in whom you would have confidence."

Wiremu Maihi: "Why was the Tauranga District thrown into the Waikato (Northern) District, and Ngatiawa divided? Tauranga naturally belongs to the Bay of Plenty, and is closely connected with the Arawa. We held a meeting at Whakatane, and asked to have the boundary changed, but it has been overlooked. With regard to the question of the Native Land Court, why do not the Government appoint a district surveyor, who alone should survey the lands of the district to which he is appointed, and not leave the Natives to that mercy of surveyors, who, regardless of consequences, have but one object—that of getting money?"

At this stage of the proceedings, I suggested to the Natives that they should embody their ideas in the shape of a letter, and bring them under the notice of the Government, and leave the matter for its consideration. This they agreed to do. A desultory conversation took place on the mode of conducting elections, and other matters connected with Maori representation, after which the meeting broke up.

I beg to be allowed to make a few remarks upon the complaints of the Natives, especially in regard to the heavy expenses to which they are subjected in the matter of surveys. I made some inquiries, so as to satisfy myself that the allegations of the Natives were correct, and I regret to report that they have very good grounds for complaint. I would very strongly recommend that district surveyors should be appointed, who should be responsible to the Government, not only for the manner in which the surveys are executed, but also for the peace of the localities in which they act; and, to insure them every assistance from the agent of the Government resident in the district, make them subject to the directions of the Resident Magistrate. This would, I believe, relieve the Natives of the heavy expenses of which they complain, and effectually lessen the chances of awakening those bitter intertribal feelings so notorious amongst the Arawa.

There is another source of great expense to which it appears to me the Natives are unnecessarily subjected: that of professional assistance, which, by a rule of the Native Land Court, they are obliged to incur in the larger towns. Where Native title is settled by no rules of law, but by Native custom only, I do not see why English barristers should be employed. To illustrate this grievous infliction, I will instance the case of the Aroha, now being reheard in Auckland. Heta Tauranga, of the Ngatihaua, in answer to my inquiries, informs me that at the first hearing of this claim his hapu paid the sum of £170: this includes interpreter's fees; and in the present case they (Ngatihaua and Ngatihinerangi) had become liable for £187 4s. This is for professional assistance alone (lawyers and interpreters); and this expense is increasing at a daily ratio of from £8 to £10. The Natives are now hawking about their Waikato awards to raise funds to meet these—to my mind, unnecessary and ruinous—expenses; and I consider Mita Hikairo is quite justified in saying that "the real estate is swallowed up in expenses." It occurs to me that, to encourage Natives to bring their lands forward for adjudication, the expense should be cut down to a minimum rate, and that in the matter of surveys the Natives should be encouraged to do as much of the work themselves as possible.

To return to my narrative. After the conclusion of the meeting with the Arawa, if was found too late to see the Ngaiterangi. The meeting with them was therefore adjourned to the following morning, Thursday, the 19th. Early on that day the chiefs Enoka, Hamiora Tu, Hori Ngatai, Raniera te page 40Hiabia, Wi Paura, and several of their followers, met Mr. McLean. Hori Ngatai was spokesman for the rest. He said they had only two or three matters that they wished to lay before him. He would put them, and asked the Native Minister to reply to each seriatim.

1.They asked to have the Native Land Court adjourned to Maketu for two reasons: one was, that the strangers were eating up their food; and the other, that some of the Natives got excited with drink, and serious disturbances arose between the tribes. That they did not make this request on their own behalf alone, but on behalf of their Eupopean friends, with whom they lived as brothers.— Mr. McLean replied that he did not wish to interfere with the Court, but that their request should be made known to the presiding Judge.
2.They wished to have the Commission for the settlement of the Tauranga land reopened, so that each individual or hapu might know to what piece of land they were entitled.—Mr. McLean replied that he had already signed a memorandum authorizing the reappointment of Mr. Clarke, and that the subdivision should be proceeded with.
3.They were very anxious that village schools should be established; that they had already set apart a piece of land for the purpose, and were ready to hand it over in accordance with the law.—Mr. McLean replied that he was very much gratified to find that the Ngaiterangi were beginning to see the advantages of educating their children; that it was the only thing that would raise the Natives to a level with their pakeha neighbours; that he would give directions in the matter, but that it would be necessary that the requirements of the law (Native Schools Act) should be complied with.
4.

That the Ngaiterangi wished to be employed on the public works.—Mr. McLean replied that he would leave directions with Mr. Clarke; but in the meantime they should secure their crops, so as not to be interrupted while at work on the roads. He also explained that the works were all let out by contract, and that therefore the person who tendered lowest and was capable of undertaking the work would get it.

This concluded the meeting. It was on the morning of that day that a rather strange telegram was received from the Resident Magistrate at Maketu, reporting the imminence of a serious quarrel between two principal sections of the Arawa, arising out of a judgment of the Native Land Court; but, as it has been the subject of a separate letter, I will not refer to it here.

I have, &c.,

H. T. Clarke,
Civil Commissioner

The Under-Secretary, Native Office, Wellington.

Mr. H. T. Clarke to Mr. Henry Halse.

Sir,—

Civil Commissioner's Office, Auckland, 27th January, 1871.

In continuation of my report of yesterday's date, I have to inform you that the Native Minister left Tauranga for the Bay of Plenty coast settlements on the night of the 19th.

In consequence of the state of Native matters at Maketu, Mr. McLean decided to land at that port, so as to give him an opportunity of visiting the principal men concerned in the quarrel which had been revived respecting their lands. We landed at 7 o'clock on the morning of the 20th.

Mr. McLean, by invitation, visited the Ngatipikiao at Te Pokiha's large "Ware Whakairo Kawatapuarangi", which was crowded almost to suffocation. As the closeness of the house was insufferable to Pokiha's endurance, the meeting was adjourned to the open air.

Te Pokiha, sweltering under a heavy dogskin mat, rose to welcome the Native Minister, and Matene te Whiwhi (who accompanied Mr. McLean in his tour). He then proceeded by saying: "What has occasioned this visit from you? Is it on account of this trouble that has arisen? The trouble has arisen from the surveyors. When I was doing militia duty at Tauranga, a survey of land was being made at Maketu. I complained to Mr. Clarke that this work was being done clandestinely, and threatened to go and pull up the surveyors' pegs. Mr. Clarke told me that it would not affect the title to the land in any way; that it was not necessary to make any demonstration in the matter. We have since found that this is not the case; that if we had interfered while the land was being surveyed we could have brought a good case in the Court. Not only so, but we find that in some instances as many as four surveys have been made of the same land. This is doing the Natives a wrong; and it is for the Government to devise means to prevent the Natives being put to such an expense. With regard to the fees of the Court, we want to have them abolished altogether; instead of the Native Land Court being a boon to us, it is a source of trouble and expense. Our disputes have grown out of these land matters. We complain of the action of the Court. In the first place I objected to Mr. Smith, because he formerly expressed to me an opinion how the land should be deal with, in which I did not agree. We have discussed the matter amongst ourselves, whether the Court gives judgment according to evidence. If this is the case, how is it that right was construed into a wrong? Why was the land awarded to the black-faced individuals (tapuika) instead of to me? I am conscious that I am in the right. [Here Te Pokiha went into a history of the case from his point of view.] Now I intend to take possession of the land. I know it belongs to me and my tribe. I do not admit the claim of the Ngatiwhakaue. I shall clear and cultivate it at once. If I am interfered with I shall resist; the fault will not be with me "During the delivery of this speech, Te Pokiha worked himself up into a great state of excitement, and used some rather violent language towards his opponents.

Matene te Huaki spoke to the same effect, but in a milder tone, and with less gesticulation.

Mr. McLean replied that he did not know of this dispute till he arrived at Tauranga; and, as he was visiting the different settlements along the coast, he called in to hear the cause of the present difficulty. No good could arise out of a quarrel amongst themselves; it would be a subject of triumph amongst those tribes who had been opposed to them, and who were in the habit of considering the Arawa as almost identical with the pakeha, to see them dis[gap — reason: illegible]ard the law by which they professed to be governed, and endeavour to settle their disputes in their old way. For the sake of peace, the Ngatipikiao had better give up their intention of taking possession of the land, as it would only tend to stir page 41up strife and lead to evil consequences, which they would in their calmer moments regret as much as the Government.

Matene te Whiwhi then addressed the Ngatipikiao, and suggested that they should follow Mr. McLean's advice; that the winter was passed, and the summer had commenced, as they might very well tell by the note of the pipiwharauroa, which is now "Whiliora." After some further conversation, in which Te Pokiha took part in a subdued and quiet manner, it was decided that the cause of quarrel should be left for future adjustment.

After taking leave of the Ngatipikiao, the Hon. the Native Minister met the Ngatiwhakaue. The old chiefs Taiapo, Hori Haupapa, and Paora te Amohau addressed Mr. McLean on the subject of the quarrel which had been revived between themselves and the Ngatipikiao through the action of the Native Land Court. Their speeches were not couched in very mild or conciliatory terms.

After them, Henare te Pukuatua, who is considered the fighting man of the Ngatiwhakaue, rose and said: "This quarrel has arisen through you. The Government are to blame; but for all that, if the Ngatipikiao wish to try their strength with the Ngatiwhakaue, we are quite ready to meet them in the battle-field. We do not wish to use the Government arms; we will use our own weapons: Do not suppose this is any new quarrel; the dispute about the land is only a pretext; the real question at issue is that of mana. Our opponents make no secreet of this, and they say it must be decided some day."

The Ngatipikiao are old opponents, and the rivalry of the two hapus is traditional. Henare, in the delivery of his speech, worked himself up to a pitch of great excitement, and emulated Te Pokiha in his extravagant gesticulations.

Mr. McLean advised them to desist from their present proceedings, as it would be sure to lead them into trouble. It was not the wish of the Government to force the Native Land Court upon them. If they found that it did not work satisfactorily they could leave it alone. But it did not show any great wisdom to resort to arms simply because they did not find the Native Land Court work well in their district.

Matene te Whiwhi followed, and repeated in substance what he said to the Ngatipikiao.

Hone Mohi Tawhai, chief of Ngapuhi, then addressed the Ngatiwhakaue at some length. He went into a short history of the country from the time it was first colonized; the introduction of firearms, of missionaries, and, last of all, the establishment of the Government in these Islands. He said it was wrong to blame the Government for their troubles in this instance; that the Government had not forced the Native Lands Act upon the Natives, but that the Native had asked for it, and the Government had done their best to give them such a law as they thought would work well.

Petera te Pukuatua, Henare's half-brother, then spoke in a very quiet and conciliatory manner. He said: "Now you have heard what Ngatiwhakaue have had to say on the subject of this threatened disturbance. They have also heard your speeches. It is well; go back to your homes in peace. Do not let this matter give you any anxiety; it will not come to anything. You must not lake in earnest all that has been said. Te Pokiha and the Ngatipikiao have had their say and spoken their boastful words to you, and it was nothing but right, according to Maori ideas, that Ngatiwhakaue should do the same. There is one thing I wish to say regarding these land disputes. In my opinion the coming of the Native Land Court is premature. It would be far better if we met amongst ourselves, and, with the assistance of the Resident Magistrate, determined our subdividing boundary-lines: these all settled, then the Native Land Court could, as a matter of form, do the rest. As far as the present quarrel is concerned, you may rest satisfied that it will not come to anything serious."

Subsequently the rival chiefs, Henare te Pukuatua and Te Pokiha, met and shook hands in the presence of the Native Minister. We left Maketu for Opotiki the same evening, taking with us Henare te Pukuatua, who, at his urgent request, wished to accompany the Native Minister to visit the Whakatohea and the Urewera surrendered tribes.

I have, &c.,

H. T. Clarke,
Civil Commissioner

The Under-Secretary, Native Office, Wellington.