I.—Introduction.

In December, 1859, I proceeded to Canterbury, under instructions from the Government, to visit the various Native settlements, and to report generally upon the condition and requirements of the Natives in that Province.

In the report of that mission (dated 27th December, 1859,) which I had the honour to submit to His Excellency the Governor, when at Christchurch, I took occasion to notice the unsatisfactory state of feeling among the Natives of Kaiapoi arising out of disputed claims to bush on their reserve; and I urged the partition and individualization of the land and the issue of Crown grants to the Natives, in severalty, as the only effectual remedy for the evils complained of. The following extract from my report will show now it was proposed to effectuate this:—

"At a public meeting of the Kaiapoi Natives, when this subject was under discussion, I elicited their sentiments by putting forward the following suggestions; all of which met their approval.—

"1.	That the primary sub-division and apportionment of the land should be arranged by them in runanga.
"2.	That as a fundamental condition of the proposed grants, the estates and interests created thereby should be entailed, so as to make them inalienable to persons of other than the Maori race.
"3.	That the power of leasing, if allowed, should be modified by certain conditions or limitations
"4.	That the whole of the attendant expenses should be borne by the Natives themselves,—a sufficient portion of the land being set apart for that purpose.
"5.	That suitable endowments should be made for the several objects of churches, school, and hospitals.
"6.	That the arrangements contemplated in the two foregoing clauses should be carried out prior to the apportionment of the land (i. e. whilst it is common property).

"Without committing myself to the above, or in any way compromising the Government, I have obtained the general acquiescence of the Natives therein; and I believe that, if judiciously managed, the object in view may be safely accomplished."

The subject was again brought before the Governor by the Natives themselves at the general meeting in Lyttelton on the 6th January following. The address presented to His Excellency on that occasion (see Maori Messenger, January, 1860), thus earnestly expressed their desire:—

"The voice of all the people is that our land reserves be sub-divided so that each may have his own portion. Our reason for urging the sub-division of our land is that our difficulties and quarrels may cease, and that Christianity and good works may thrive amongst us."

His Excellency expressed entire concurrence in the recommendations of my report, and promised the Natives that their wishes should be complied with.

The Native Secretary (then visiting Canterbury), while extremely anxious to give effect to the proposed Individualization, viewed the experiment as a somewhat uncertain one, and was unwilling that the Government should incur the expense of an actual survey while the issue remained doubtful. Accordingly I was instructed to proceed to the ground, and, aided by the chiefs, simply to mark out and apportion the land among the respective claimants, with the clear understanding that should such provisional partition hold good for a period of twelve months, the Government would give it per-mance by surveying the parcels and properly defining the boundaries; and that when every obstacle had been removed, His Excellency would secure to the Natives their respective holdings by Crown grant.

In so far as concerned the open land, the task of carrying out these instructions promised to be a comparatively easy one; but in dense bush where both area and position would be (in the absence of a survey) purely conjectural; where the so-called individual claims were involved and conflicting; and where the bush to be apportioned differed widely in character from heavy timber to light wood; I plainly foresaw that to divide it to the satisfaction of all parties would be a matter of no little difficulty. I was therefore most anxious to have the services of a competent surveyor, to assist me in fixing approximately the area and determining the position of the bush parcels, as this would have considerably facilitated and shortened my work. As it was, however, I had simply to carry out my instructions, and, in the absence of professional aid, to rely entirely upon my own resources.

Notwithstanding this disadvantage, circumstances so far favoured me, that two months afterwards I had the satisfaction of reporting to the Government (25th May, 1860), that "the attempt to place this valuable reserve on the new footing of individual tenure had proved entirely successful."

As I have been led to regard the individualization of the Kaiapoi reserve as an experiment, the success of which would go far to determine the Government in some general and comprehensive scheme for the partition of Native lands and the individualization of title, I consider it my duty to furnish a full and particular account of my proceedings, and of the results which attended them. I shall, page 96therefore, as suggested by the Native Minister, lose sight of the interim reports sent in during the progress of the work, and take up the whole subject from the beginning, noticing each point in its proper order.

It seems proper that I should give in the first place, a short and general description of the reserve itself.

II.—Kaiapoi Reserve.

Distant only 13 miles from Christchurch, lying midway between the townships of Rangiora and Kaiapoi, within a mile of a shipping port, having two miles frontage on the main north road, and water access by the Korotuaheka stream along its western boundary—the Tuahiwi or Kaiapoi reserve has indeed a commanding position. It contains 2640 acres of land, perfectly level, and for the most part, of excellent quantity. About one-fifth of the reserve is densely wooded, the remainder consists of open grass, and flax land, well watered, and available either for pasture or agriculture; some parts of it are swampy, but the whole of it, (if we except a deep morass on the western side), might be thoroughly drained at a cost of £70 or £80. Owing to the general scarcity of wood in the Canterbury Province, the bush on this reserve commands a ready sale and high price, whether as sawn timber or firewood.

More than 10 years ago (when the Canterbury settlement was in its infancy), Mr. Commissioner Mantell, in a letter to the Colonial Secretary, described this reserve as a "fine and valuable estate." Since that time it has continued to rise in value in a corresponding ratio to the progress of European settlement in the neighbourhood.

If we take the bush land to represent an average value of £48 per acre, and the open land £10 per acre, (a very moderate estimate), we have a result of £45,000 as the present market value of the Kaiapoi reserve. Already it is a really valuable property, and, with proper management, it cannot fail to attain, ere long, a position of high commercial importance.

This estate belongs to about 200 Natives, about one-half of whom are absentee owners.

Considering the real and prospective value of the Kaiapoi reserve, its proximity to European settlements, its advantageous position as regards road and water communication, and its general suitableness for a small farm settlement, I doubt if the Government could have found anywhere a more eligible place in which to try the experiment of individualization.

III.—Preliminary Steps.

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IV.—The Partition.

Having thus obtained the unanimous consent of the shareholders to the primary rules that should govern the division and apportionment, I at once commenced the partition of the open land. Attended by nearly the whole of the resident Natives, and assisted by two Native Surveyors, I traversed the boundaries and made a rough survey of the reserve. Following a dry shingle ridge, I laid down a central road (one chain wide) so as to connect the church bush road with the Rangiora, and thus give road access to the Native Industrial School and to the Tuahiwi bush. From this central road, lateral branches (half a chain wide) divided the open land into twelve blocks, varying in extent, and so planned that every farm in the sub-division would have sufficient road frontage and easy access to the Government trunk line.

Having ascertained the acreage of these blocks respectively, I proceeded to allot them to the various hapus, in such a way as to allow to each individual a farm of fourteen acres. By thus associating the members of one hapu in the same block, and afterwards regulating the allotment of the particular farms according to the rule of family connection, a very important point was gained. From the willingness of near relatives to meet each other in a spirit of mutual accommodation, or preference, I had no difficulty in finding allottees for all the farms, although they differed very much both in quality and in position value.

Exceptions were made in the extent of some of the farms, but as I shall speak more fully of these in another part of this report, I need not here explain the reasons.

The difficulties with the bush were such as I had anticipated. So clamorous and disputatious were the Natives about the better parts of it, so exaggerated their ideas of its extent, and so much at fault were they in estimating acreage, that, at the outset, there was much danger of the attempt to partition it proving an utter failure.

I would strongly recommend that for the future, in a work of this kind, the survey and the apportionment should go hand in hand, especially in cases where there is bush to be sub-divided. In a dense forest even the most experienced eye is utterly at fault in computing areas, or indicating the proper direction of divisional lines; and consequently an apportionment made in this way is always sure to cause dissatisfaction when (as is likely to be the case,) the actual areas are afterwards found to be so much at variance with the estimated ones. I confess that I was myself not a little surprised to find that my apportionment of the Kaiapoi bush, made as it was entirely by guess-work, proved, upon survey, to be, upon the whole, so satisfactory; and I can only consider it a fortunate accident.

I may here explain that the partition of the bush was altogether a separate matter to that of the open land; and that it is not proposed that Crown Grants should be issued to holders of bush parcels under the present arrangement. Most of these parcels have been allotted to several Natives in common and in such cases the real advantage of a Crown Grant, that of securing land to them in severalty, would be lost.

The sub-division of the bush land is, in fact, a provisional one. It has not been made so much with a view to individualization as to an adjustment of disputed claims. The Natives (who are, in the end, to be charged with the whole cost of the survey,) are unwilling to incur the unnecessary expense of cutting timbered land into small parcels, when a few family divisional lines would answer their purpose as well; and I fully concurred with them, as I saw that there would be no permanent advantage in securing to a Native a parcel of two or three acres, detached from his farm, irregular in shape, and having no frontage upon a public road. Besides, had the strict individualization of the bush land been carried out, the admitted individual claims to the portions from which timber had been removed prior to the sub-division would have caused endless confusion. As it is, the matter stands thus: Each Native as he removes his allotted share of the bush will quietly appropriate the land. In course of time (say 10 years) the whole of the bush will have been removed, and the land will then revert to the old tenure. It will be a public Domain, at the disposal of the runanga, and available for some object of general benefit.

A report of my proceedings, with full particulars of the partition, accompanied by a plan, was communicated through the Native Secretary, in May, 1860, and received the approval of the Government.

V.—The Sub-divisional Survey.

In May, 1861 (pursuant to promise made to the Natives), I received instructions to proceed again to Canterbury, and to cause a general sub-divisional survey of the reserve to be made in conformity with the arrangements of 1860.

The Provincial Government readily undertook the survey and detached for this service Mr. John C. Boys, the district Surveyor, together with an assistant. Two Native Surveyors were engaged by the runanga (at 5s. per diem) to assist in cutting lines, driving pegs, &c. For the partition of the bush it was found necessary to increase the staff.

For a full insight into the survey, I must refer the Government to the map which accompanies this report. I may briefly state that the bank of the river, the margin of the bush, and the boundaries of the reserve, as shewn upon this map, have all been re-surveyed by Mr. Boys; that every division line shewn upon the plan has been cut; and that all the lengths given are the results of actual measurements on the ground.

It will be seen that in the open land 122 parcels have been allotted. These contain 14 acres each, with the following exceptions:—Nos. 7, 12, 19, 44, 53, 57, 68, 69, 70, 71, 72, 73, 74, 84, 91, 97, 100, 101, 103, 105, 110, 112, 115, 120, and 122.

In some cases it was found necessary to make the farm a little more or less than 14 acres, in order to preserve uniformity in the shape of the block; in some an acre was added in consideration of the land being swampy; while in others the farms were made of limited extent to meet a decision of the runanga.

With the consent of the Natives, I made the following reserves for public purposes:—

1.	A drain reserve, having a uniform width of half a chain, from the angle of the main road, at page 98section 95 to the Korotuaheka stream. The fall in this line is such that an outlay of about £60 would suffice to drain the whole land on the eastern side of the Tuahiwi Road.
2.	A reserve, one-quarter of a chain wide, along the bank of the Korotuaheka, in order to secure to all in common the privileges of the river (fishing &c).

And 3. The side of the old Kaiapoi Pa, comprising five acres, which is intended to be set apart as a Native Cemetery.

VI.—The Allotment.

As I have already furnished the Government with a description of each of the parcels, prepared expressly for the Crown Grant, I shall confine myself here to an abstract of them with the names of the respective [unclear: allottes]:—

No.

The Bush Parcels were allotted as follows:—

The detached clumps of bush (chiefly dead trees) were allotted as follows:—

Te Waimango to Hakopa Hutai; Te Parikoau to Hemi Pukahu; Hekanui to Hopa Paura; Te Waituere to Wiremu Te Pukupuhia; Pukuharuru to Herewini Kairakau; Tarekautuku to Mohi Patu; Te Kotuku to Te Wiremu Uki, Te Weiti Wahine; Mohi Puhorakai, Te Harawira Tarakan, and Kingita Tarewa, jointly; Oteaoparaki-iti to Enoka Kaurehe; and Oteaoparaki-nui to Te Wirihana Piro.

The clump of bush on the western side of the Karangat[gap — reason: damage]hi stream, and known as Oruatamatea, was allotted to Hakopa Tohitama and Teone Rehu, jointly; half an acre being reserved for church purposes.

The division of the bush land was regulated very much by the quality of the timber; and the quantity already sold by private individuals was considered in determining their respective shares.

Before leaving Canterbury I prepared and gave to each Native a plan of his allotment with a certificate of ownership.

VII—Excluded Portions.

The triangular block at the north-eastern extremity of the reserve was, by common consent, excluded from the individualization. It contains 50 acres of excellent land, and from its position value, would probably command a price of from £15 to £20 per acre. I was anxious to keep this block open for the present, as it is yet uncertain whether the Natives may not have to raise funds, by the sale of land, for re-payment to the Government of the cost of the sub-divisional survey. They are relying on the road compensation money due from the Provincial Government as a means of meeting this charge. I thought it right, however, to guard the interests of the Government by having a reserve upon which to fall back should these funds prove insufficient.

Having road frontage on the one side, and water access on the other, this arm would certainly form a very eligible site, but I was unwilling while the larger undertaking was; unfinished to entertain the proposal of the Natives in reference to the survey of a township.

VIII.—The Moeraki Claim.

Besides the portions already mentioned, a flat of rich alluvial land lying between the Wheki swamp and the Waituere Point, and comprising about 230 acres, has (by the order of the late Native Minister) been excepted from the sub-division.

This exclusion was not contemplated in the provisional partition of 1860 and has been made against the strong protest of the Kaiapoi Natives.

I may briefly state the circumstances:—

When the Hon. Mr. Mantell (as Native Minister) visited Canterbury in December last, I submitted to him a plan of the survey as far as it had proceeded; and explained to him the proposed system of apportionment. He expressed full approval of my proceedings, but objected that no adequate provision had been made to meet the claims of the Moeraki Natives (Otago) to whom a share in this reserve had been guaranteed by himself (as Crown Commissioner), in 1848-49, when engaged in setting out the Native reserves in the Middle Island.

As he considered their claim as extending to about 500 acres, he requested me to reserve the Waituere flat out of the proposed sub-division, and to intimate to the Kaiapoi Natives that this, together with the Wheki swamp and the unallotted block at the north-eastern extremity of the reserve, would be awarded by the Government to the Moeraki claimants.

The announcement of this message produced considerable dissatisfaction among the Kaiapoi Natives, who contended that the non-occupation by the Moeraki people during this long interval amounted to a virtual surrender of any claim they may have had under the arrangement of 1848-49. They ultimately consented to leave the matter in my hands with the understanding that I should state their case to the Government.

I have carefully perused the printed reports of Mr. Mantell's mission, and the other papers relating thereto. The following are the only references to this subject I have been able to find.

In a letter to the Colonial Secretary, dated 30th January, 1849, Mr. Mantell states:—

"There are, including the Kaikainui census, not more than 40 resident Natives between Kaiapoi and the Wai Kerikeri. Most of the Natives resident at Port Levy and other places on the Peninsula belong to, but do not occupy the district. These and (at their request) those living at Moeraki and Murihiku I considered in making the Tuahiwi reserve." Again, in a letter to the Colonial Secretary, dated 24th January, 1850, covering a tabular return, showing the proportion of population to reserves at Kaiapoi and Moeraki he repeats that "it (the Kaiapoi reserve) was made of its present extent in page 102order to admit the Moeraki Natives," and in a note it is added, "average: nearly 11 acres to each individual."

From the above it would appear that the Moeraki Natives have a fair claim to a share in this reserve, but I confess that I cannot agree in opinion with Mr. Mantell as to how far this claim should be considered to extend. As it is, seven of the Moeraki claimants have been admitted to the Kaiapoi partition (by consent of the runanga), and a farm of fourteen acres allotted to each of them.

Considering the paucity of population at Moeraki, and the size of their present reserve (500 acres), I do most earnestly hope that the Government will not insist upon the award indicated by Mr. Mantell; especially because by so doing several bona fide Kaiapoi residents, whose names appeared in my Report of 1860 as recognized allottees, would be absolutely shut out from any share at all in the open land.

I must urge, on behalf of the Kaiapoi people, that prior to any award, 15 farms, of 14 acres each, be reserved from the Waituere flat, and be secured to the following Natives, in severalty, viz., Hoani Tukutuku, Mohi Patu, Hakopa Hutai, Turi Te Were, Pohoareare, Patoromu Te Ao, Te Makarini Mokomoko, Kingita Tarewa, Te Wirihana Piro, Teoti Wira Huanoa, Henare Tawha, Enoka Kaurehe, Hoani Hape Te Ao, Pene Pukuhau, and Hamiora Tohuanuku.

The rest of this land and the Wheki swamp may then be given over to the Moeraki people, and also, should the Government so decide, the unallotted block of 50 acres of which mention has already been made.

IX.—Conclusion.

An unqestionable benefit has been conferred upon the Kaiapoi Natives by the partition of their reserve. The disputes about the bush have ceased, and now that the family claims are clearly defined, the timber trade with the Europeans, which was stopped by the Government in 1859, may be safely and advantageously re-opened. The individualization of the open land has given a fixity to population, and an impetus to industrial pursuits prophetic of the most satisfactory results.

I feel secure in stating that the partition has given universal satisfaction to the Natives themselves. In my report of May, 1860, I observed that at the general meeting when the final memorandum was submitted for approval there was only one dissentient voice, and that "this proceeded from Teoti Wiremu Te Hau—a man of notoriously bad character, and consequently of no influence,—who puposely absented himself from the previous meetings, and, though invited, declined to attend when the apportionment of the bush land took place. This man now contended for a larger share of the bush than had been allotted him, and demurred to the place assigned him among the farms." It is interesting to note that this is the same man referred to by Mr. Commissioner Mantell, in his letter to the Colonial Secretary (30th January, 1849), in the following paragraph:—

"On Monday the survey was continued, but closed early in consequence of the misconduct of a young man named Metehau, who afterwards returned to the camp, set fire to our hut, and was about to attack me with a tomahawk when he was stopped by the Natives."

Te Hau, finding that he could not reverse the decision of the runanga, ultimately gave up his opposition and took the place assigned him.

I have mentioned this circumstance to show the unanimity of feeling that prevailed, and to satisfy the Government that there is no danger of a future disagreement.

I may sum up by saying that the whole work has been accomplished through the medium of the runanga, that in every particular their approval has been obtained, and that, therefore, the owners themselves stand pledged to maintain the present division inviolate.