THE CROWN, THE TREATY, AND THE HAURAKI TRIBES, 1800-1885

(b) The Fairburn 'surplus'

The most significant retention by the Crown of 'surplus lands' took place in South Auckland, as part of the adjustment of the Fairburn 'purchase', which involved one of the most important transactions of any kind, in the Auckland area. That reversion to the Crown took place even though Maori had been promised the return of a significant portion of the block during negotiations.

As we have seen, there had been intense competition to establish a tribal presence in the isthmus, 'Waikato' groups vying with 'Thames' iwi, as both peoples moved back into the area. The sale of the lands between the Tamaki and Wairoa Rivers was engineered by Henry Williams and Te Wherowhero as a way of ending disputes in the district. During subsequent enquiry in 1851, Ngati Paoa chief, Hauaura, described the social incentive for the arrangement:

The whole purchase was very irregular—we were in great confusion at the time—Otara was disputed by the Ngati Paua, the Ngatimatira [sic.] and the Akitai tribes ... Munga Mungaroa and the back of it back to Papakura were disputed by the Akitai tribe and "Katikati" [of Ngati Tamatera] .131

The first deed was signed in 1836 by 32 people including Ngati Paoa chief, Hauauru, who, with Tuira and Herua, received the first payment of 90 blankets, 24 axes, 24 adzes, 26 hoes, 14 spades, 900 lbs of tobacco, 24 combs, 12 plane irons and £80.132 According to Fairburn, Turia, chief of Ngati Terau, was the principal right-holder who 'virtually sold' the land while 'the rest acquiesced' in the alienation.133 The boundaries of the alienation, which were neither traversed, nor pointed out from an elevated position, were described as:

[T]he whole of the dragging place at Otahuhu, ... to the Ararata, ... to the Awatiotio, to Papakura   Rangiuru ... the Wairoa   Wakakaiwera   Umupuia ... the Poho Maraitai Motukaraka Awakarihi Mangimangiroa Tawakama Waipapa Okokino Panahoroiiwi ... to the River Wangamatau ... to Otahuhu where it ends. That portion of the land to the Eastward is bordered by the sea called Mimirua, flowing towards Hauraki: that to the Westward is bounded by Manukau: that to the Southward by the river Wairoa.134

This area was initially estimated by Fairburn to comprise some 40,000 acres, but was eventually found to include nearly 83,000 acres. The first payment was followed by four further instalments over the next three years in order to satisfy the claims of other interested parties to that area.135

It was understood from the first that the transaction did not entail a simple transfer of the area from Maori to missionary ownership. Rather, it was intended to promote peaceful

131 Testimony of Hauauru, 14 June 1851, end. in Gisborne to Colonial Secretary, 1 July 1851. Fairburn case file, OLC 1590. Doc. 4, p. 29.

132 Turton, Maori Deeds, no.347, pp. 306-308. Doc. 53, pp. 1252-1254.

133 Fairburn, 19 June 1851. 1851, end. in Gisborne to Colonial Secretary, July 1851. Fairbum case file, OLC 1590. Doc. 4, p.35.

134 Turton, Maori Deeds, no. 347, pp. 306-308. Doc. 53, pp. 1252-1254.

135 Testimony of Fairburn, I September 1841. Fairburn case file, OLC 1590. Doc. 4, pp. 18-20

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