Volume 9 Part 28: The Hauraki Tribal Lands: Supporting Papers

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Volume 9 Part 28: The Hauraki Tribal Lands: Supporting Papers: page 58  (621 pages)
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  1. lb.. Bonation.] You sold an inchoate agreement to them P—Exactly so.

  2. The Chairman.] Have you any copy of the agreement P—I did not keep any copy. I handed

75. it to them. I gave over all the documents to the parties. I stated in my report that the timber on Whakairi and Kauaeranga had been purchased by a company. (Whakairi and Waiwhakaurunga are the same.)

  1. The 7th of December, 1872, I believe is the date on which you bought the Tairua block from the Natives?—Yes.

  2. When the block was purchased, was a reserve of 1,000 acres made for the Natives P—When I first entered into negotiations for the purchase of the Tairua block, the Natives said they would take £3,000. No mention was made of a reserve. I bad the deed drawn up with a reservation of the timber only. When the Natives came to sign it, they said they wanted a reserve of 2,000 acres, or they wanted £100 for every thousand acres, which would be £3,600, and they would not sign the deed unless I agreed to one or other, of these demands. I said I would agree to give them a reserve of 1,000 acres, but that I should deduct £100, making £2,900 instead of £3,000. I said I would make a memorandum that they should get a reserve of 1,000 acres. They were not satisfied, with the memorandum, and I indorsed it on the back of the deed. The memorandum stated that the conveyance was subject to a reserve of 1,000 acres, and that the selection of that reserve was to be made within three months. The reason why I limited the time was because Mathew Barry had found gold there, and I thought it might be opened as a gold field, and that the Natives should not be allowed to select in any way they liked on the block. I was ill in March, and could not attend to it, and in April the Government asked me to go to Waikato, and consequently the reserve was not laid off. These are the circumstances under which the reserve was made. That indorsement was made on the deed before any of the Natives signed it.

  3. When did you first report to the Government that the reserve was made P—On the 24th March, 1873, as will be seen by my report.

' 29. Was Mr. Guilding your interpreter at the time? Mr. Guilding was there, and Mr. Preece, and Mr. O'Halloran, and several others.

  1. They all knew this reserve was made? Yes, perfectly.

  2. When was the reserve first selected;? It was stated at the time that they might require it in two blocks ; the largest portion at their old cultivations at Pukiore, and the other outside.

  3. When did you select the particular block? I bad not the leave to select. The Natives were to select it.

  4. When did they select it ?--In May last I sent Mr. O'Halloran and Mr. Guilding to Mercury Bay to get some signatures to a deed. The Natives made a request that it should be surveyed, and I gave directions to Mr. Guilding to go there with a surveyor and to survey the reserve.

  5. That was in May last, after the proclamation of the gold fields P—It became necessary, as the ground near there was being worked. The Natives asked me to have it laid off, and accordingly I sent over to have it done. Mr. Guilding's report was on the 16th of June.

  6. When did you report to the Provincial Government that this particular piece of land had been reserved ?—I have nothing to do with the Provincial Government in the matter. I act under the orders of the General Government. I certainly should not report to the Provincial Government. I should report to the General Government. I offered to give you any information, but you declined to receive it.

  7. That was long after ?—Not very long after, I think. It was as soon as I arrived in Auckland. I only arrived on the 23rd or 24th of June. I was here and at Nelson on account of the death of my father. The survey of the reserve was duty completed according to my interpreter on the 16th. I arrived at Auckland on the 23rd June, when I received this telegramfrom Dr. Pollen. (Read telegram in papers marked B.) I then communicated with you at Grahamstown. On the 22nd June Dr. Pollen telegraphed to me, but it did not reach me till the 25th, when I immediately telegraphed to you as follows : (Copy of telegram read in papers B.) Other correspondence passed which I now band to the Committee. On the 29th Juno I received a reply that you thought it desirable under present circumstances to communicate direct with the General Government.

  8. When did you report to the General Government that this particular reserve had been made?—The Government knew it was made, as it was stated in my report of the 24th March, 1873. It was also excluded from the Proclamation of the Tairua block, under the Hauraki Gold Mining Districts Act, on the 8th or 9th of April.

  9. That particular block ?-1,000 acres. I have acquainted the Government that it has been surveyed. I acquainted them verbally with it as soon as I saw Sir Donald McLean.

  10. When was that?—About the time all this telegraphing was going on respecting the Tairua question. I made a communication on the 17th of July. That was after the question had been raised by your Honor. I think I informed Sir Donald McLean personally about the 11th or 12th of June. It was a matter of faith with the Natives.

  11. Are you aware that the Provincial Government thought that the best town site on the block? —I am not aware of the thoughts of others.

  12. When were you aware that your interpreter was about to lease that particular block of land ? —When your Honor first charged me with it.

  13. You did not know'it before? No. I telegraphed to him when I first saw the charge in one of the Thames papers, and asked him if he had anything to do with it, and I got this answer. The day after I arrived in Auckland I heard that your Honor had made a statement that I had a lease of the reserve, and I also saw it stated that I had fixed on it as a site for a township. I telegraphed to Mr. Guilding and Mr. O'Halloran, asking whether they had any lease. I got the following answers :— "Have not got lease of Tairua reserve, but Natives have asked me to lease it. Do not see why I should not take it, as Jackson, of Tairua, will if I do not ; besides which they owe me money." Mr. O'Halloran telegraphed,—" Plan of Tairua .reserve will , be forwarded to-morrow to Land Court. Reserve has been surveyed at urgent request of Natives. Am not aware of any one having obtained lease. Natives have repeatedly asked me to lease reserve." On the 26th Mr Guilding telegraphed,—