Chapter I: Government Policy and Maori Reaction, 1880–1890

putting aside its reluctance to remove restrictions on alienation. In 1886 Wilkinson reported that the Te Aroha Domain Board was anxious to acquire Section 15, Block ix Aroha Survey District, comprising some 45 acres surrounding the reserve lands on which the springs were located. He asked George Lipsey to use his influence, and suggested that the price of the area should be kept low, again, because the owners would supposedly benefit from the township's economic growth:

I may state that, in my opinion, considering that this additional area is required for the purpose of improving and adding increased prosperity to the township of Te Aroha, in which she and her co-owners are considerably interested, a nominal or small price only should be asked for the portion sought to be purchased.41

The Under Secretary of the Native Department thought that the price set by the owners, £5 per acre, was 'very reasonable considering the proximity of the land ... to a rapidly rising township.' While querying whether such an acquisition—for endowment to the Domain Board—was really contemplated by the general legislation, he approved the purchase as desirable on 'general public grounds'.42 The warden of the gold field began to acquire interests on the Crown's behalf, and once a majority of signatures had been obtained, forwarded the deed to the Governor for certification of his consent to the removal of restrictions on alienation which had been placed on the reserve. This was duly given and each of the owners also signed a declaration designed to satisfy the Trust Commissioner that the sale was bona fide.43 Problems arose, however, with regard to succession which needed to be determined by the Native Land Court. In one case, the court dismissed the application for succession because the applicants claimed under a will in which a number of trusts were imposed. The Native Department sought the advice of the Chief Judge who recommended that the sale could be authorised by a Special Powers and Contracts Act. But when Mr and Mrs Lipsey (Ema Mokena) who were in the position of trustees for the minor concerned (Rina Mokena) insisted on exchange of land rather than an outright alienation, the Government decided to let the matter stand over. Eventually, in 1889, the Crown applied for partition, and two further shares were obtained, leaving only that problematic interest of Rina Mokena to be acquired. In 1893 it was decided that the difficulties preventing the finalisation of the purchase could be remedied by legislation, and the Maori Real Estate Management Act 1888 was amended at the last minute to state that 'notwithstanding any restrictions, conditions, or limitations in the will of Rina Mokena', the trustees could complete the sale of Section 15, Block ix to the Crown. The purchase of the Domain extension was completed by the end of the year.

The prosperity of Te Aroha township over the next 30 years was directly related to the development of the baths which had followed on from the original gift of that part of the Omahu Reserve. At the same time the agreement of Maori to hand over control of the springs, and to allow development of them, was clearly predicated on the belief that they would continue to use the resource, and by implication, play a role in the growth of the

41 Wilkinson to George Lipsey, 24 February 1886. MA MLP 1893/268. Cited in Alexander, The Hauraki Tribal Lands, Part 3, pp. 153–195.

42 Under Secretary to Native Minister, 5 July 1886. Ibid., p. 77.

43 See Alexander, The Hauraki Tribal Lands, Part 3, pp. 153–195.

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