before the same was brought before the Native Lands Court and subdivided in the way it has since been; that the deed was interpreted to them and they signed it in the presence of an Interpreter (myself) and a Justice of the Peace or other person duly qualified; and that at the time each one received his money he signed a voucher for 'payment in full'; that the sale was a bona fide one and was intended at that time to mean the transferring of all their claims within the whole block to Government; it being understood that their names were to be included in the Crown Grants for any reserves that might hereafter be set apart for their different tribes.
There are several other cases of this sort in which natives who had previously sold out all their interest have since been able to prove in the Land Court that the area they were entitled to is larger than would be covered by the amount already paid to them (calculating the price per acre at 5/-).But I have in all cases up to the present time told them that there was no help for it, that the original sale was a genuine one and must be accepted as such, and instanced the fact that many have through selling out on or about that time received more money than their interests have since been proved to be worth.
If it is the intention of Hon Native Minister to order a further payment to be made to these people for the purpose of covering the deficiency between what they originally sold for and what they would now have to get had they postponed selling unto the present time, a much larger sum will be required to complete the purchase of the Ohinemuri Block than the amount estimated by myself and shown in my monthly progress reports.
The case of one of the applicants (Apera Tawahinga) is one that I might call of 'base ingratitude', for it was his own proposal that I should buy him out before the block came before the Court, and as I knew enough of the old man's history to satisfy me that he had a good claim
I paid him £30, he having already had Lao from Mr Mackay. Judge if my surprise when, during the hearing of his block in Court, he (prompted I have no doubt by other relations) stood up and swore that he was an illegitimate child, and that he had no claim whatever upon any portion of the Ohinemuri block Upon cross-examination, however, he broke down and, as the old man would not give his own genealogical table, I fortunately was able to give it for him, and prove to the Court that he was properly descended from the ancestor who originally owned the land. He admitted that he had had the money, but tried to persuade the Court that he had no title to the land, and his last expression after about 3/4 hour cross-examination by myself was 'I may be a liar, but I am not a rogue and won't deny having had the money'. The judge at once told him that there was no necessity for him to admit that he was a liar, as the Court was satisfied that he was both a liar and a rogue, and would therefore order his name to be entered up as one of the owners of that block (Ohinemuri 1), so that in spite of himself he was proved to be a large landowner. His now claiming the balance of the purchase money is to say the least of it a proof that he tries to take advantage of every circumstance.
I have gone into this matter thus fully in order that you may be supplied with all the facts regarding these claims, and as there are others that will most likely be sent to you upon the same subject. But I am glad to say that there are only one or two that will require such severe strictures upon them as does that of Apera Tawahinga. The others have a more genuine appearance, especially when looked at from a Maori point of view.59
Despite this, he was instructed to settle with them,60 indicating that the Crown attitude was to make further payments to those who were underpaid, and seek further lands or refunds from those who were overpaid.
59 Land Purchase Officer Thames to Under Secretary Native Land Purchase Department, 12 October 1880. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.99–101.
60 Under Secretary Native Land Purchase Department to Land Purchase Officer Thames, 1 November 1880, on cover sheet to file NO 1880/3667. Maori Affairs Head Office file MLP 1881/246. Supporting Papers #B36.102.
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