Volume 8 Part 1: The Hauraki Tribal Lands

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Moehau District: page 47  (152 pages)
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Moehau District: Moehau

Survey Costs

In 1894 or 1895 the Chief Surveyor applied to have the costs of the survey of the Moehau subdivisions charged as liens against the various subdivisions.

James Mackay read about this application in the Court panui, and immediately appeared at the Court, in May 1895, to state

that all the claims for survey of Moehau are wrong. He (Mr Mackay) was the Government agent in the matter of that land, which is a reserve. The Crown by agreement was to survey the lands ... for which the Government should pay.42

A similar, though apparently unrelated, explanation had been given by Haora Tareranui to the Native Minister at a public meeting in Thames in February 1885. Speaking for Ngati Tamatera, he had claimed that

There was one block called Waiaro [Moehau 1G and 1H] which was not included in the Government survey, and we were called upon to pay for it. The Government Agent, when the land went through the Court, told the Natives that the Government would pay for all the surveys. The Government Agent was Mr James Mackay. It was a verbal statement. It was seeing that certain reserves had been made in other places, and the natives had not been charged for them, and it was promised that they would not be charged for the surveys in this block.43

The Native Land Purchase Department had commented that

I suppose Haora Tareranui refers to the ordinary notice of lien. When Government consents to

forego cost of survey of reserves, it is on the understanding that the titles are to be restricted.44

It was not until March 1899 that the Chief Surveyor's application was heard by the Court.45 When the first application, for a lien of £4–0–2d on Moehau 1E was called, Haora Tareranui objected.

I am a Ngati Tamatera, and for that tribe I am the general representative at all times in Native Land Court.

When the goldfield was ceded ... this cession was made by agreement, and in that agreement it was stipulated that all surveys were to be executed at the expense of the Government. Mr Commissioner James Mackay was the Government representative who was party to this agreement. It was signed by the natives and by Mr Mackay I believe. Mr Mackay had the agreement printed. I produce a copy of the agreement—report laid on table of Parliament produced, A No 17 page 21, made by James Mackay Junior, Civil Commissioner—showing agreement made by James Mackay CC with natives. Section 5: "The Governor shall pay the surveyors for arranging the pieces of land which are excepted, and also the boundaries of the lands owned by other tribes." Signatures Meha Te Moananui and others, 26, also James Mackay CC.

In 1878 the Government bought Moehau and Waikawau blocks. Mackay and Preece were the Government Commissioners. It was understood at that time that in these two blocks the Government were to pay for all surveys of lands reserved for the Maoris, and for the tapus, also surveys of for Maori lands generally.

42 Coromandel Minute Book 5 page 115. Supporting Papers #15.30.

43 Notes of Meeting, 12 February 1885. AJHR 1885, G-1, page 32. Supporting Papers #U18.2.

44 Under Secretary Native Land Purchase Department to Assistant Surveyor General, 31 October 1885, on cover sheet to file NLP 1885/305. Maori Affairs Head Office file 1907/507. Supporting Papers #C7.63.

45 Coromandel Minute Book 6 pages 38–41. Supporting Papers #J6.9–12.

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