matter longer by trying to buy more of them out before bringing the Crown's claim on in Court. I would suggest that I go on with the Crown's claim at once, and get it cut off from land owned by Natives. There is nothing to hinder me buying the others out afterwards if the Proclamation is not removed from the District. The great trouble will be about reserves, but I hope to pull through all right. Let me know at once if you wish any particular line of action taken.43
The reply was a firming up of the previous month's change of policy.
Do not at the present sitting of the Court attempt to define Her Majesty's interests in the Ohinemuri Gold Fields Block. After Orders have been made, give your attention to the purchasing of as many unsold shares as possible. The Crown's interest in the land can be decided afterwards.44
Wilkinson replied on receiving these instructions that
I expect to return to Ohinemuri on Monday morning and will carry out your instructions. I have already commenced to buy out owners who have gone into Orders of Court. My plan at present is to find out into how many Orders of Court the nature of the person wishing to sell has been inserted, even add together the number of acres represented by his interest in each block, and pay him at the rate of 5/- per acre on the whole, it being also understood that he is to have an interest in the reserves that will hereafter be given to the Natives out of the block.45
Near the end of July 1880 the Court concluded its investigations into the title to the
Ohinemuri Block. It had heard extensive evidence before making a number of awards.46
19 subdivisions of Ohinemuri, and a further five subdivisions taking the Owharoa block name,
had been awarded (see separate sections of this evidence for each subdivision). In addition
a
Mataora block had been awarded to Ngati Porou.
Wilkinson then reported that
The Court here is now closed, and the Government claim to Goldfield stands adjourned to a future sitting. The Natives objected at first, and remarked that they had been entrapped into putting their land through the Court on the supposition that the Crown's title was to be defined. I managed however after a lot of talk to explain the matter to them, and they appear now to be satisfied. Will you let me know at once whether the Orders of Court are to be made and signed in favour of those Natives who the Court has found entitled to the different blocks, or whether they should stand in abeyance until the Government title is heard. I am anxious that the Government title should not be prejudiced in any way, and it appears to me that the purchases made by the Government previous to sitting of present Court may be affected if these Orders of Court are made and issued. The 107th Section of Native Lands Act only apply to transactions entered into previous to passing of that Act and would not cover the Ohinemuri purchase. The 6th Section of the Native Land Act Amendment Act 1877 appears to apply to lands that have previously passed Court and the ownership determined, hence my impression that the making of these Orders should not take place until the Crown's claim is heard. A native Order should only be made for the Natives for what is left after the Crown's portion is cut off. I have not got all the acts with me, and may perhaps have overlooked something, therefore wish to have your opinion at once, on receipt of which I will communicate with Judge Munro who has agreed to my request to let the matter stand over until I hear from you.47
43 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 21 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.66–68.
44 Telegram Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 23 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.69.
45 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 24 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.70–71.
46 Hauraki Minute Book 12 pages 346–381, and Hauraki Minute Book 13 pages 1–234 and 270–276.
47 Telegram Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 28 July 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.72–74.
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