agreement, however they contend that it is still in force over the whole of the Harataunga blocks, and thus giving them the right to cut and remove the whole of the timber at any time.
This state of affairs was not known to the Land Purchase Officer who bought for the Government—it was not disclosed to him by the vendors and there seems to be no deed registered.
The chief value of these blocks consists in the timber growing upon them, the land being poor and rugged, and entirely unsuited for agricultural or pastoral purposes. The claimants to the timber admit that they have not paid for the timber, but are paying the Natives a fixed price per tree as removed. I have very little doubt but that the deed relied upon is invalid, and I therefore recommend that steps be taken immediately to put a stop to the present procedure. Application should be made to the Native Land Court to partition and cut off the portions acquired by the Crown, and the Judge should be requested to grant an injunction against the removal of any timber from these blocks until such time as the Crown portion is defined. Subsection 9 of section 14 of the Native Land Court Act 1894 meets the case, and Judge Mair is holding a Court at the present time at the Thames, and will shortly I understand sit at Coromandel.
If this action is not taken, we will probably lose the timber to the value of £1000 within the next six months.41
The Surveyor General commented that
There is something in what the C.S. says. If the timber is taken off these lands, there is not much value left. Can't you bring some of the various acts into force and proclaim the lands, so that the removal of timber will become an offence?42
But the Chief Land Purchase Officer responded that
The Chief Surveyor is altogether incorrectly advised as to the position of the Government purchase. Captain Mair has not purchased a single interest in these blocks. A few scattered shares equal to 580 acres altogether have been purchased by Mr Wheeler at Gisborne, and I have moved the Native Land Court to define these. A proclamation would really improve the position of the alleged trespassers. The Harataunga blocks were ceded to the Government for gold mining under one of the agreements validated by the Auckland Gold Fields Proclamations Validation Act 1869. This was before the lands passed through the Native Land Court. There can therefore be no valid private agreement to deal with the timber now subsisting. The only person who can interfere is the Warden, and I have already brought the matter under his notice. The Chief Surveyor had perhaps better do likewise.43
As a result the Surveyor General wrote to the Commissioner of Crown Lands suggesting that he contact the Mining Warden,44 which the Commissioner did in March 1898.45
41 Commissioner of Crown Lands Auckland to Surveyor General, 12 January 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.52–54.
This letter is based upon Crown Lands Ranger Lusk to Commissioner of Crown Lands Auckland,
20 December 1897, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 64–66.
42Surveyor General to Chief Land Purchase Officer, 15 January 1898, on Commissioner of Crown Lands Auckland to Surveyor General, 12 January 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.52–54.
43 Chief Land Purchase Officer to Surveyor General, 20 January 1898, on Commissioner of Crown Lands Auckland to Surveyor General, 12 January 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.52–54.
44 Surveyor General to Commissioner of Crown Lands Auckland, 25 January 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 68.
45 Commissioner of Crown Lands Auckland to Mining Warden Thames, 28 March 1898, attached to Mining Warden Thames to Under Secretary for Mines, 23 May 1898. Maori Affairs Head Office file MLP 1899/48. Supporting Papers #B128.55–69 at 67.
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