Mercury Bay District: Kapowai

The Court ordered that a title issue in the names of Arama Whakatau, Mita Arama, Matahera and Rihara Uia.7 There were to be no restrictions on alienability. A lien in favour of Dean was also issued.8 The following month Dean advised that the lien had been satisfied.9 For some unknown reason Dean repeated this advice two years later in November 1872.10

Timber Lease

Five days after the title to Kapowai was decided by the Court, a lease of the block for timber harvesting purposes was issued to Albert Schapp and James Ansenne of Auckland. The lease was for 99 years at a rental of £10–10–0d a year. 11

Purchase by the Crown

In March 1874 Arama Whakatau wrote to the Superintendent of Auckland Province about money owed to him by Mackay for the sale of Kapowai.12 Mackay responded that

Mr Preece made this arrangement at first and paid a deposit on the land. I was prepared to pay

the money at any time if the natives had appeared to sign the deed, which they have not yet

done, and I refused to pay part of them unless all were present.13

By a deed dated April 1875, the Crown purchased Kapowai for £700.14 The Trust Commissioner, on receiving the deed for certification, forwarded it to Puckey, Native Agent at Thames, for him to make inquiries. He returned the deed one year later, noting that he had examined all the vendors except for Arama Whakatau, who had died, and Matahera, who had not visited Thames since he had received the deed.15 The Commissioner ascertained that Matahera lived at Whitianga, then two weeks later certified the deed, in March 1877.

Kapowai was declared Crown Land in July 1879.16

Ahiraumati

When Ahiraumati enclave within Kapowai was excluded from the title to Kapowai, it remained as customary land, until it was itself passed through the Court.

In August 1899 Taumaha Kara, Rahera Tanui and Erana Te Onerere, through Gilbert Mair, the land purchase officer at Thames, wrote to Government.

7 Hauraki Minute Book 9 page 237. Order of the Court, 5 October 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.2.

8 Notification of Lien, 5 October 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.3.

9 Edward Dean, Auckland, to Native Land Court Auckland, 1 November 1870. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.4.

10 Edward Dean, Auckland, to Chief Judge Native Land Court, November 1872. Maori Land Court Hamilton Block Orders file C104. Supporting Papers #K1.5.

11 Timber Lease, 10 October 1870. Copy on Auckland Deed 834. Supporting Papers #A76.

12 Arama Whakatau, Whitianga, to Superintendent Auckland Province, 2 March 1874, attached to Superintendent Auckland Province to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.4–6.

13 File note by J Mackay, 31 October 1874, on Superintendent Auckland Province to Native Minister, 9 March 1874. Maori Affairs Head Office file MLP 1874/137. Supporting Papers #B15.4–6.

14 Auckland Deed 834. Supporting Papers #A76.

15 Native Agent Thames to Trust Commissioner Auckland, 17 February 1877. Papers for Application 1875/131. Trust Commissioner Auckland's 1875 Papers. Supporting Papers #M2.10–22, at 21–22.

16 New Zealand Gazette 1879 pages 913–916. Supporting Papers #W12.11–14.

13