Volume 6: The Crown, The Treaty and the Hauraki Tribes, 1880-1980

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Chapter 1: Government Policy and Maori Reaction, 1880-1890: page 43  (34 pages)
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Chapter I: Government Policy and Maori Reaction, 1880–1890

purchase was met by an increase of £250. The Aperahama whanau who owned the block insisted on £1,000, however, while Puckey, now acting in a private capacity, offered £800. The Government, claiming that the block had been proclaimed as under negotiation, refused to recognise the capacity of any private agent to effect a transaction. Its offer was increased to £900 but problems in the succession delayed finalisation, and in the end, a private purchaser succeeded in effecting his own deal despite Government efforts.

Alexander's work shows that the three owners, under imminent threat of prosecution for debt, were desperate to sell, and, in September 1880, had entered into a private engagement with a mine manger named Comer. Corner had been warned that his purchase would be illegal since the land had supposedly been proclaimed as under negotiation, but he had gone ahead, regardless, having found no record of any such proclamation. His solicitor informed Wilkinson of this fact, and that his client had obtained a power of attorney from the 'late native owners' by which he was to receive all miners' rights, residence site and timber licence fees.46 According to Corner's solicitor, the Trust Commissioner had declined to issue a certificate when Wilkinson had refused to make the necessary enquiry. Comer now applied to the Minister to direct the Commissioner to investigate the transaction.47 Two of the owners also wrote to Bryce, stating that they were in extreme difficulty because they had not been able to take payment, and were 'continually being brought before the Court and twice arrested.' According to Aihe Pepene and Reha Aperahama:

If the government had not said that they would buy the land, we would long ago have received the nine hundred pounds and been relieved of our difficulties. We ask you to allow our Pakeha to complete the purchase of the land so that we may receive the nine hundred pounds and get ourselves out of the clutches of the Europeans at whose instance we are being pressed, for we are in continual trouble.48

Wilkinson was instructed to do what he could to safeguard the Government's interest in the block. He sought the help of local council members and also approached Comer himself. Wilkinson reported that Corner was ready to fight the Government's claim but might be willing to accept a refund of his downpayment of £100 and compensation for expenses.49 But when the Solicitor General was asked for his opinion on section 18 of the Waste Lands Administration Act 1876, he stated that it appeared to preserve the Crown's exclusive right only to lands 'in respect of the purchase of which money had been paid on behalf of Her Majesty at the time the Waste Lands Administration Act 1876 became law.'50 Waiotahi A did not meet this case and Bryce directed 'we must give way and allow Mr Corner's deed to pass.' The Native Land Purchase Department then informed the Trust Commissioner that the land was no longer under Government negotiation and Comer's purchase was duly registered in 1882.

46 Brassey to Wilkinson, 27 October 1880. In ibid. p. 315.

47 Brassey to Native Minister, 10 December 1880. In ibid. p. 316.

48 Aihe Pepene and Reha Aperahama to Native Minister, 18 January 1881. In ibid. p. 316.

49 Land Purchase Office wire to Under Secretary Native Land Purchase Department, 5 April 1881. In ibid. p. 316.

50 Opinion of Solicitor General, 20 April 1881. Cited in ibid. p. 317.

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