Despite being in Maori ownership, the Crown treated the land as having been acquired by it, and proceeded to subdivide and settle the block.5 The error was not discovered until 1920. In November 1920 the Chief Surveyor in Auckland reported that
[Ohinemuri 6] has been disposed of by the Crown in the manner shown on the tracing enclosed. ... From this you will see that part of the land forms portion of the Karangahake watershed reserve, parts have gone off on Certificate of Title to LM Snelgar, a further portion, Section 4, to R Noble, and the balance forms part of MDOL 297.
The question has now been raised in a letter I have received from Mr FH Mueller, solicitor of Auckland, as to whether this land has already passed from the Natives to the Crown or not. He calls my attention to the fact that according to the Land Transfer Title entered in Vol 32 page 91 of the Provisional Register, it is vested in certain Natives, and asks whether, notwithstanding such title, it has at some time or other been proclaimed Crown Land.
I have had a thorough and exhaustive search made into this question, and find that a Memorial of Ownership was ordered at the Native Land Court sitting at Ohinemuri on the 22nd July 1880 in favour of 8 Natives. In 1882 the Native Land Court sat at Ohinemuri to define the interests purchased by the Crown in the Ohinemuri Nos 2–19 Blocks. The minutes of the Court on this occasion - Hauraki MB 14 page 294 -state that Mr Gill, Land Purchase Officer, claimed no interest on behalf of the Crown in No 6 Block.
In a memorandum dated 19th October 1882 to the Registrar Native Land Court at Auckland, the Native Land Purchase Under Secretary, referring to the alterations in the orders occasioned by the definition of the Crown's interests, says that the original order for No 6 is unaltered. There is no doubt that up to this date Ohinemuri No 6 Block was not purchased on behalf of the Crown, and as there is no record in the office here, or at the Land Transfer Office, of any transaction affecting the Block. I should feel grateful if you would kindly have a search made in your Office giving any record of the purchase, or any Proclamation dealing with the land, to enable me to reply to Mr Mueller's letter.6
No record could be found in Wellington, and the Under Secretary for Lands replied that The case appears to be one for ordinary purchase under the provisions of the Native Land Act 1909 and its Amendments, or for compulsory taking by special legislation, leaving the Native
Land Court to determine compensation as if the land had been taken for a public work under the provisions of the Public Works Act 1908.
I shall be glad if you will consider this suggestion and let me have your views hereon.7
The Chief Surveyor responded that if further searches drew a blank,
then I would suggest that it would be preferable to obtain land by special legislation, leaving it to the Native Land Court to determine the compensation payable to the Native owners in the same manner as if the land had been acquired under the Public Works Act. This I consider would be better than attempting to purchase the land in the ordinary way under the Native Land Act 1909, as many of the original grantees are dead, and there would be considerable complications with successors who might not be agreeable to signing the transfer to the Crown.8
5 Plan of sections overlying Ohinemuri 6, attached to Chief Surveyor Auckland to Under Secretary for Lands, 30 November 1920. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.1–3.
6 Chief Surveyor Auckland to Under Secretary for Lands, 30 November 1920. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.1–3.
7 Under Secretary for Lands to Chief Surveyor Auckland, 12 January 1921. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.4.
8 Chief Surveyor Auckland to Under Secretary for Lands, 4 March 1921. Lands and Survey Head Office file 22/2861. Supporting Papers #D22.5.
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