[cession] Deed of 1875 broke into the purchase negotiations for a time but they were revived later upon the same Deed of Conveyance.¹¹⁶

This statement is puzzling in that it assumes that an undated deed of conveyance of the freehold existed before 1875. But there is no evidence that such a deed existed. If it had, Mackay would surely have produced it at the meetings in 1874, whereas he produced only vouchers and receipts.¹¹⁷ The purchase deed was drawn up only in 1878 after the purchasing of freehold interests had resumed in 1877. The deed was explained by Richard Gill in April 1882, who quoted a clause of the deed by which the Crown was to convey reserved areas to the vendors of the land. MacCormick thought it ‘remarkable’ that the deed was undated and did not state the purchase price, but praised Gill for specifying to the Native Land Court each interest already purchased and giving all signatories an opportunity to appear and make objections.¹¹⁸

The purchasing of interests in Ohinemuri seems adequately documented after 1878 but confusion persists about the pre-1875 payments. Mackay’s purpose was to buy the freehold. But whether this was understood by Maori recipients of payments is not clear, because instead of signing a deed they signed vouchers and receipts. The appendices to the MacCormick commission show that payment was made on some 107 vouchers before December 1874, for a total of £12,000. (Nearly £6000 of this was in ‘tribal’ payments, apparently to heads of whanau, which were further broken down into 103 individual payments.) In November 1874, seven payments were made labelled ‘advances against future payments’ – presumably payments of miner’s rights, because the lease agreement was now being contemplated. Then in January 1875 and the first fortnight of February, when the lease agreement had been negotiated but not yet signed, there were a further 30 payments made against vouchers (with no reference to ‘advances against future payments), building the total advances to £15,508.¹¹⁹ The Audit Office investigated Mackay’s transactions in mid-1882 as accounts were being tallied for the Native Land Court proceedings. In the course of the inquiries, an official (probably of Treasury) noted, ‘Mr Mackay was allowed credit for nothing except upon witnessed receipts signed by the Natives’. These receipts or vouchers were held by Gill of the Native Land Purchase Department.¹²⁰

But did Maori understand what interest they were alienating when they signed receipts for advances simply charged (according to the table in the MacCormick commission) ‘On

116. ‘Statement of the Facts and Circumstances Affecting the Ohinemuri Block’ (doc a8(a), pp 1026–1237)

117. A check in Archives NZ in Wellington has disclosed no pre-1878 deed.

118. Gill to Native Minister, 24 April 1882, in ‘Statement of the Facts and Circumstances Affecting the Ohinemuri Block’ (doc a8(a), pp 1026–1237)

119. ‘Statement of the Facts and Circumstances Affecting the Ohinemuri Block’ (doc a8(a), pp 1026–1237)

120. Minute of J G Anderson, 3 July 1882, in ‘Statement of the Facts and Circumstances Affecting the Ohinemuri Block’ (doc a8(a), pp 1026–1237)