[pp. 272-274] The role of the extractive industries was a key element in the development of the relationship of the Hauraki people to both the colonial economy and the Crown. The final land to be opened to mining in this period—the Te Aroha and Pakirarahi gold fields—is discussed at pp. 2.59-61. The negotiations in the late 1870s were marked by a further retreat from models of partnership and Crown acceptance of the right of Maori to retain control over sub-surface resources. Standards of consent had fallen, while the terms of cession were of declining advantage to Maori right-holders, marking the deterioration of their negotiating position vis a vis the Crown.
The alienation of timber resources
The alienation of timber resources along the eastern divide is discussed briefly in the context of Mackay's purchase operations during the 1870s. The lease of large tracts of lands, giving extensive cutting and water rights for as long as 99 years, was tacitly endorsed by the Government which took advantage of that encumbrance on the title to acquire the freehold for a low price. Not only were Pakeha entrepreneurs and timber companies able to acquire a hugely valuable timber resource very cheaply in this period, but such leases were usually followed within a few years by lessee or Crown purchase of the whole of the land at vastly reduced prices from the few persons entered into the title.
The impact of the timber industry
The question of the impact of the timber industry on Hauraki Maori is picked up again at p. 274. It is argued here, that the Crown passed legislation to foster the interests of timber companies, by again drawing on concepts of 'public' interest while deliberately sacrificing the rights of Maori who had traditionally gathered resources along the banks, and cultivated the adjacent flats. The Timber Floating Act 1873 which facilitated the use of waterways for the transportation of logs to the mills was passed without consultation with Maori, even though it was known that their interests would be effected and that they would oppose the Government's assertion of a power to permit the damming of rivers. All four Maori members spoke against the Bill, but the issue was glossed over in Select Committee. Hauraki right-holders strongly protested when application was subsequently made to bring the Kauaeranga River catchment under the provisions of the Act. They argued that the Government had failed to inform them of its intention, and that: 'this rule of the Europeans to do the work first and then arrange for it and pass an act [was] wrong.' Provision was made for compensation for damage to the banks and cultivated crops, but no account taken of Maori insistence that the 'mana' of the river rested with them and that their customs should apply in these questions. Rather, it was assumed by those with hegemony over the development and application of legislation, that native usages were abolished 'where the law prevail[ed].'4
4 See Notes attached to Stone application. Auckland Provincial Government General Inwards Correspondence. AP 2/72/3512. Doc 33, p. 525.
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