226

Auckland Provincial Government Gazette.

22. Why was not mention made in the lease that you were the real person that sold to them?—I suppose that nobody had anything to do with my private transactions when I was not purchasing land for the Government. Between the 31st July, 1869, and the time when I undertook to buy for the Government, I had as much right to buy timber as any other of Her Majesty’s subjects, and therefore had a right to transfer. I transferred before I had anything to do with purchasing land. I had no personal interest when Mr. Russell and the others acquired the lease.

23. Why was it stated that the Natives were the real sellers?—Because the agreement had only been made, and I had not paid the balance of the purchase money to the Natives. They (Russell and others) were the actual purchasers.

24. Mr. Rolleston.] You sold an inchoate agreement to them?—Exactly so.

25. The Chairman.] Have you any copy of the agreement?—I did not keep any copy. I handed it to them. I gave over all the documents to the parties. I stated in my report that the timber on Whakairi and Kauaeranga had been purchased by a company. (Whakairi and Waiwhakaurunga are the same).

II.

Government House,
Auckland, 19th May, 1876.

SIR,

I beg to acknowledge the receipt of your Honor’s letter dated the 18th instant, in which you prefer grave charges against my Government in regard to the purchase of certain native lands.

2. I have forwarded that letter for the consideration and report of my Constitutional Advisers; but at the same time I beg to remind your Honor that under the system of “Responsible Government” which has been wisely conferred upon this Colony, considerable discretionary powers must necessarily be left in the hands of the Government, their actions being of course controlled in the first instance by the action of Law, and in the next by the pleasure of Parliament. Your Honor must therefore say that it appears to me that the complaint which you prefer would be best decided by recourse to one or other of these alternatives.

I have the honor to be,

Sir,

Your most obedient servant,

NORMANBY.

His Honor the Superintendent of Auckland,
Auckland, N.Z.

III.

Superintendent’s Office,
Auckland, 23rd May, 1876.

MY LORD,

I have the honour to acknowledge the receipt of your Lordship’s letter of the 19th instant, and, in reply thereto, beg to represent as follows:—

As Superintendent of this Province, I am, by Act of Parliament, responsible to the Crown for the peace, order, and good government thereof. The superior Officer whom the Act of Parliament requires me to obey and to look to for support in my duties is the Governor of New Zealand.

By the same Act of Parliament, and by the Royal Instructions, the Governor is authorised to exercise in this country certain powers belonging to the Crown. He is responsible to the Queen and the British Parliament for the proper use of those powers, and is removable from his office, or punishable by those authorities, and by no other, for any misuse of such powers.

and open enquiry has been made into the circumstances of each case. Land is now so essential to the interests of this Province, for the purpose of settling intending immigrants upon, or those of our population who have hitherto been unable to obtain land, that I earnestly request that the recommendations I have made may receive the approval and sanction of the General Government, and that I may be authorized at once to give effect to them.

I would yet add another reason, of a general nature, in favour of the course I recommend. The rights of property disposed of, under the arrangements made by the Minister for Public Works and Mr. Mackay, must be very great indeed. The parties interested in these are the public, the Native owners, the European claimants.

Clearly such rights ought not to be dealt with secretly, in a private room, by one man. To expose him, under such circumstances, to the solicitations of private friends, or of the political supporters of the Government he serves, is a wrong to human nature, to independence of character, to public rights, to the interests of the Native owners, for there is no fair competition for their property, and to the mass of Her Majesty’s subjects, because their interests are not fairly protected. A consideration of this will, I hope, make you feel that this system should be instantly stopped, and that perhaps upon the whole the proper course would be that an open enquiry should at once be instituted into each past transaction.

I have, &c.,

G. GREY.

The Hon. the Colonial Secretary,
Wellington.

3. Extract from the Minutes of Evidence taken before the Tairua Investigation Committee of the House of Representatives. I. 1. 1875.

THURSDAY, 12th August, 1875.

MR. JAMES MACKAY examined on oath.

15. The Chairman.] In the case of the Hihi and Piraunui blocks, did you purchase these from the Natives on the 21st September, 1872?—I cannot say the exact date when they were purchased. It is probably mentioned in the report of 24th March, 1873. It might possibly be September. I do not recollect the date of these deeds.

16. On the day before the purchase of that block, was a lease of the timber and incidental rights for ninety-nine years given by the Natives to Messrs. Russell, Stone, and Wilson?—Yes.

17. Then the Opango block—did you purchase that on the 24th August, 1872, or about that date?—Yes, about that date.

18. On the 29th of July was the lease of the timber and incidental rights given by the Natives to the same gentlemen?—I believe so.

19. Did you receive any money from them for these timber leases—from Messrs. Russell, Wilson, and Stone, or any of them?—They were originally my own purchases. I bought that timber and transferred it to them.

20. What did you sell to them for?—I got £100 over and above what I had paid to the Natives.

21. What was the sum paid to the Natives?—I paid the Natives £500. They paid the Natives £1,000 more. They carried out my original agreement for the Waiwhakaurunga and Opango blocks. I did not get anything for Hihi and Piraunui; I had not paid any money to signify on Hihi and Piraunui. I transferred to them before I had anything to do with the Government land purchases. I had nothing to do with the Government between 1869 and when I commenced to buy land in 1872.