The Under Secretary of the Native Department was anxious to find
any way in which, without prejudice to the Crown's interest, the scope of the inquiry could be extended to the whole block, so that, if it appears that the beneficial owners have been injured by the sales to the Crown, they would have a legal remedy against the trustees.63
The revised Order in Council under Section 15 was then issued in May 1908.64 This concerned whether the owners of Awaiti 2 named in the 1896 order held the land in trust for others. The matter was then heard by the Court in September 1908. It decided that the block was not held in trust,65 but this decision was appealed and the Appellate Court in August 1911 reversed the lower Court's decision and held that the grantees held the block as trustees. The matter was referred back to the Native Land Court, and in October 1914 the Court decided
that the list of owners of Awaiti 2C should be amended as a result. It was only possible for the Court to deal with Awaiti 2e, as both Awaiti 2A and 2B had been purchased by the Crown
(see below).66
Crown Purchasing Activity, 1906-1907
As a result of the Maori Land Settlement Act 1905 authorising the purchase of Maori Land, the Crown sought to purchase land on the Hauraki Plains. James Carroll, the Native Minister, recruited James Mackay, then living at Paeroa, as the Crown's land purchase officer for the district. Carroll gave Mackay a schedule of blocks to be purchased, which included
Te Awaiti I and 2B 7237 acres 15/- per acre ) as
3C and 1D2 1400 15/- ) much
1H2 2528 )as can
5, 6, 7 Boo 15/- ) get67
The Under Secretary for Lands sent Mackay a more formal authorisation in October 1906, to purchase Awaiti I, 2B, 3c and ipz at from 12/6d to 15/- an acre, and Awaiti 1H2, 5, 6 and 7 at from 7/6d to '<D/- an acre.68
The Crown was not successful in purchasing any interests in Awaiti 5 or 6 before purchasing
ceased. Afterwards, in July 1907, a petition was sent to the Native Minister about Awaiti 5. The reason why we send you this petition is so that you may consent to the price for our land, viz., Te Awaiti block No 5, in the District of Ohinemuri, containing 500 acres. The price we
want is Lt-ro-od an acre. The said land is partly swamp and partly dry land, and a portion of it has flax growing thereon."
63 Under Secretary Native Department to Chief Judge Native Land Court, 3 March 1908. Maori Affairs Head Office file 1907/23. Supporting Papers #c6.15-16.
64 New Zealand Gazette 1908 page 1585. Supporting Papers #w41.3.
65 Hauraki Minute Book 58 pages 208-217and 335-336. Supporting Papers 1465.ii-20 and 2I-22.
Ohinemuri Gazette, 21 September 1908. Copy on Maori Affairs Head Office file 1907/23. Supporting Papers #C6.19-20.
66 Hauraki Minute Book 63 pages 260-275. Supporting Papers 1470.2-17.
Order of the Court, 6 October 1914. Maori Land Court Hamilton Block Orders file Fi1206. Supporting Papers #K80.52-54.
67 Schedule of Blocks to be Purchased, undated. Lands and Survey Head Office file 55607. Supporting Papers #D4.I.
68 Under Secretary for Lands to Land Purchase Officer Paeroa, 2 October 1906. Lands and Survey Head Office file 55607. Supporting Papers #D4.7.
69 Rapata Tineia and 33 others, Paeroa, to Native Minister, io July 1907. Lands and Survey Head Office file 54769. Supporting Papers #D3.38-4o.
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