ES.3 Crown Purchases, Pre-1865

Between 48,000 and 60,000 acres in the inquiry district were purchased by the Crown between 1840 and 1865, under the Crown’s pre-emptive (monopoly) right. The claimants submit that the land purchase agents were manipulative, that Maori were paid less than potential market value for their land, and that virutally no reserves were made for the vendors. The Crown contends that genuine bargaining occurred, that Hauraki Maori were not pressured into selling, and that, although very little land was formally reserved, no more than 6 per cent of the inquiry district was purchased, leaving iwi with ample land.

In our view, the main prejudice to Maori in this period was that from 1847 the Crown reimposed a monopoly right of purchase. Governor Grey and his advisers considered, but did not develop, a system of licensed direct dealing, including leasing, between Maori and settlers. It has not been shown that the Crown paid only derisory prices for the land it purchased: in the instances where evidence is available the prices appear to have averaged between two shillings and four shillings an acre - much higher than the prices paid in the South Island, Hawke’s Bay, and Wairarapa. However, the absence of an open market, including the option of leasing, denied Maori a range of commercial opportunities.

While Hauraki Maori in 1865 still possessed over 80 per cent of the inquiry district, and no tribe was absolutely bereft of land, the Crown’s purchases, together with pre-emption waiver purchases, resulted in the acquisition of almost all the commercially strategic gulf islands and mainland harbours. This contributed to the sharp decline in the fortunes of some tribes which had initially benefited from the trading advantage of proximity to Auckland. When chief land purchase officer Donald McLean purchased eastern Waiheke in 1858, he suggested that land would be made available there for various tribes wishing to continue trade with Auckland, but this was not done.

ES.4 War and Raupatu

ES.4.1 General issues

In the mounting tensions of late June 1863, following the resumption of fighting in Taranaki on 4 May, Grey explained to his Ministers that, should military action against the Kingitanga also be considered necessary, his forces would need to take control of South Auckland and Hauraki lands eastward to Pukorokoro because of their strategic importance in relation to Auckland and the British lines of supply into Waikato. Although they had committed no acts of aggression against the Crown, Hauraki were thus caught up in the tensions between the Crown and the Kingitanga. Following General Cameron’s advance across the Mangatawhiri on 12 July, some sections of the Hauraki tribes took up arms in what they saw as legitimate