I believe the lower part of these blocks near Tauhei is good land, but the end running up to Hangawera trig station must be poor. I should think 6/- near about the right price.21
The Surveyor General however decided that 5/- an acre was the maximum that could be offered,22 and Mair was informed to purchase at this price.
In July 1896 Gilbert Mair purchased all the interests in Hoe o Tainui South 2 from its three owners for the Crown for £347-10-od (i.e. 5/- an acre).23
In purchasing the interest of Pirihi Tomonui, Mair had dealt with the administrators to his will, as Pirihi had died previously. Pirihi's will, which had been made in April 1891, was
proved in the Supreme Court in July 1894, and Whititera Tomonui and Ngawhare Paama had been appointed administrators.24 But the administrators had not registered in the Land
Registry Office the will and their letters of administration giving them the right to act for Pirihi's estate. Mair was asked to explain.
Not only is title not on Land Transfer register, but land is I am informed still unsurveyed. The proving of the will does not necessarily pass the estate, and you should not have dealt with the interest without instructions. With a knowledge of the Kuaotunu case, it is strange that you ventured to do so. ... I am afraid that a succession order will be necessary.25
In reply Mair explained that
I made all inquiries at Survey and N.L. Court offices as to liens and encumbrances. Then St Clair, Graham, and the solicitor who took out letters of administration, said that everything was clear. The survey was made by Graham himself, but he now explains the subdivision plan was lost by a Mr Otway, but as all the work was properly carried out on the ground in accordance with decision of N.L. Court, he will give new plan at once free of all cost. Any other omissions I can soon fix up, even if the land is not under Land Transfer, as the administrators are son and nephew of deceased and absolutely next of kin.26
One week later Mair reported that
Have sent in application for succession to Pirihi Tomonui. Graham's assistant who made survey under his orders is now preparing plans which Graham assures me will be ready in a few days.27
Succession was granted by the Court in August 1897. Once the survey plan had been completed and approved, it was then possible to register the transfer to the Crown.
Hoe o Tainui South 2 was declared Crown Land in October 1897.28
21 Land Purchase Officer Thames to Chief Land Purchase Officer, 4 May 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers
22 Surveyor General to Chief Land Purchase Officer, 14 May 1896, on cover sheet to file NLP 1896/132.Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.2.
23 Auckland Deed zo5z. Supporting Papers #A273. Hamilton Land Registry Transfer 18834. Supporting Papers #Q57.
24 Registrar Native Land Court Auckland to Chief Land Purchase Officer, 24 July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #B1ra.3-7.
25 Telegram Chief Land Purchase Officer to Land Purchase Officer Thames, 16 July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.8-9.
26 Land Purchase Officer Thames to Chief Land Purchase Officer, zo July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #B112.10-12.
27 Telegram Land Purchase Officer Thames to Chief Land Purchase Officer, z8 July 1896. Maori Affairs Head Office file MLP 1897/84. Supporting Papers #13112.13.
28 New Zealand Gazette 1897 pages 1747-1749. Supporting Papers itvv3o.2-4.
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