[Otago Purchase - Deed and Survey]
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List of names of Maoris, Proprietors of Lands at Otago and from thence to Molineux or Tokata.
| Taiaroa
|
Karetui
|
Korako
|
Mikomiko
|
| Te Raki
|
Pohau
|
Tepumauri Whatu
|
Pokene
|
| Takamaitu
|
Potiki
|
Pukakaho
|
Tekahu
|
| Pikiao
|
Taheke
|
Tahukumea
|
Tematahara
|
| Timoko 1
|
Kaurehe
|
Kuruikurui
|
Kaikoareare
|
| Tekauwhe
|
Kahui
|
Reu
|
Kote
|
| Tuar
|
Tehere
|
Kolak
|
Pukawa(George)
|
| (Chief of Purakaunui
|
(Tirphe?
|
(Chief of Tiroas
|
Taute
|
| Pukukaiaotea)
|
Kiriauka)
|
Te Raki)
|
(blueskins? brothers)
|
| Tupepipi
|
Rakuihakana
|
Matahasa
|
Kurletter
|
At Molineux
Raki Raki, Minihou, Towera, Toki, widow of Tahui
Tuawaite
Keau son of Tuawaite
Potuki (Toby) son of Kotomarama
Nephew of Miranui
Harirua (Tommy Roundhead), Kaikora, Pitu, Poea (Solomon), Waitue.
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Otago, June 20th 1844.
The Maori Chiefs Tuawaite, Taiaroa, and Karitui offer to the Principal Agent of the N. Z. Comp'y the whole Tract of Land coloured Red and Green on this Plan, excepting a Reserve of Land on the East side of the Lower or outer Harbour of Otago from 1 to 2 on the accompanying Plan, being about 4 miles in length, measured along shore at high water mark from 1 to 2, for the sum of Twenty four Hundred Pounds, £2400, to be paid to them this day month (20th of July) or in default of the payment being made to the parties entitled to receive payment for the Land, at the time above specified, the Company's Acting Agent, F. T. shall remove his party and effects from the ground which he now occupies, and until the 20th of July has their permission to occupy.
Signed on behalf of themselves and others by
Tuawaite, Taiaroa and Karitui,
and witnessed by John Jones, J. W. Barnicoat and Frederick Tuckett.
Otago June 19th 1844.
Tuawaite chief of Karero (Molineux) declares that he has never sold any Land within the District, described on the sketch of a District proposed to be purchased for the Settlement of New Edinburgh, other than a small piece of Land south of the stream Karero, which he sold in 1839 to William Jones of Sidney (Sydney), and which Mr Wiltshire has built on and cleared, and for that piece of Land he received in Payment Twenty Pounds. £20.
Signed by Tuawaite.
Witnessed by J. W. Barnicoat and Frederick Tuckett.
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From June 20th until the arrival of Col. William Wakefield, Principal Agent for the New Zealand Company, George Clarke Jr, Protector of Aborigines, William Spain, Land Commissioner and John Jermyn Symonds, Tuckett was left to his own devices and no doubt used his time well.
On the arrival of the above dignitaries, "a party including six Ngai Tahu set out to verify the boundaries". So Symonds did in the end get his way, although we do not know if Tuckett and/or Symonds were members of the party as the "Land Report" does not say. However "following their return eight days later, all was ready for the formalities of signing the agreement and handing over the money. Three areas were to be specifically reserved from the sale; a large block on the western side of the Otakou (Otago) Heads, a reserve at Taieri and another at Molyneaux. Together they were eventually found to contain 9615 acres. When the agreement was finalised on 31 July 1844, George Clarke explained to Ngai Tahu that they had in disposing of their land; surrendered their interest and title to such land; that their consent was binding on their children, as well as themselves, that they should remove from any portion then occupied by them, and confine themselves exclusively to their reserves. The deed was read over in Maori and in English and the purchase money divided among the various families under Tuhawaiki's direction. Finally Tuhawaiki lifted a tapu on a burial site within the purchase and took the bones away for reburial".
On the following page is a transcription (in both Maori and English) of the Deed of Purchase as detailed in the Waitangi Tribunal Reports, inserted here so that the actual deed can be compared with the agreement drawn up by Tuckett.
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Kia Mohio, nga Tangata katoa ki Tenei Pukapuka, ko matou ko nga Rangatira me nga tangata o Ngaitahu i Nui Tireni kua tuhia nei o matou ingoa ki raro, ka wakaae i tenei rangi i te toru tekau ma tahi o nga rangi o Hurai i te tau o to tatou Ariki kotahi mano e waru rau e wa te kau ma wa; kia tukua, kia hokoa; kia whakamahuetia rawatia mo Wiremu Wekepiri (William Wakefield) to tino kai mahi o to wakaminenga o Nui Tireni i Ranana mo nga kai wakarite o taua wakaminenga o matou wahi katoa to matou papa katoa i roto i nga wenua i roto i nga rohe kua tuhia nei ki raro, ko nga ingoa o aua wenua ko Otakou, ko Kaikarae, ko Taieri, ko Mataau, ko te Karoro, ko nga rohe enei, ka timata to rohe wakararo i Purehurehu haere tonu i tatahi wakawiti atu ki tawahi o te ngutu awa o Otakou ki Otupa, haere tonu i tatahi a Poatiri, ko te taha ki te haurawaho ko te moana nui haere tonu i Poatiri-a-Tokata, ko te taha ki toka ka haere tonu i reira a runga i te hiwi i Taukohu-a-Pohueroa haere tonu i runga i te hiwi i kaihiku wakawiti ki tawahi o Mataau, haere tonu i runga i to hiwi o Maungaatua-a-i runga i Wakaari-a-runga i Mihiwaka i te hiwi-a-Otuwarerau-a-heke noa ki tatahi ki Purehurehu, me nga moutere katoa hoki, ka tukua e matou a Kamautaurua a Rakiriri a Okaihe, a Moturata, a Paparoa, a Matoketoke, a Hakinikini a Aonui. Tenei hoki nga wahi wenua kua kotia e matou mo matou mo a matou Tamariki ko tetahi wahi wenua i te taha wakawaho o Otakou ko Oruate to ingoa, ka timata to rohe i moepuku wakawiti atu ki Poatiri haere tonu i tetahi-a-te Waiwakaheke ka wakawiti i retia ki Pukekura haere i tetahi a moepuku ko tetahi wahi wenua hoki kei Pukekura kotahi pea to ehara o roto kua poua ki to pou, ko tetahi wahi wenua hoki kei Taieri ka timata te rohe i onumia tika tonu te rohe a Maitapapa ko te awa o Taieri hoki te rohe o tetahi taha. Ko tetahi wahi hoki kei te Karoro ko te Karoro te rohe ki runga ko te moana nui te rohe wakawaho ko te rohe wakararo kei te kainga a kia kotahi te maera o te rohe wakauta. Ko enei wahi kua kotia e matou e kore e hokoa e retia ki tetahi tangata atu kia wakaae ra
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ano to Kawana o Niu Tireni--Ko nga utu enei mo aua wenua kua wakahuatia ki runga, e ruai [sic] mano e waraua [sic] Pauna moni kua tangohia e matou i tenei rangi i te aroaro o enei kaititiro.
Hoani Tuhawaiki tana X tohu
Pokene tana X tohu
Hoani Tuhawaiki, X mo Topi
Te Kai Koarere tana X tohu
Pohau Kihau tana X tohu
Kahuti tana X-tohu
Kuru Kuru tana X tohu
Papakawa tans X tohu
Moko Moko tana X tohu
Tutewaiao Korako Karetai tana X tohu
Raki Wakana tana X tohu
Te Hak tana X tohu
Taiaroa tana X tohu
Karetai tana X tohu
Korako tana X tohu
Taka Maitu tana X tohu
Te Raki tana X tohu
Horomona Pohio Te Ao tana X tohu
Te Raki Potiki tana X tohu
Tairoa, mo Pokihi X
Pohata tana X tohu
Witnesses:
John Jermyn Symonds, P. M.
Frederick Tuckett
George Clarke, junior, Protr, Aborigines
David Scott
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Know all men by this document We the chiefs and men of the Ngaitahu Tribe in New Zealand whose names are undersigned consent on this thirty first day of July in the year of our Lord one thousand eight hundred and forty four to give up, sell, and abandon altogether, to William Wakefield the Principal Agent of the New Zealand Company of London on behalf of the Directors of the said Company all our claims and title to the Lands comprised within the under mentioned boundaries, the names of the said Lands are Otakou, Kaikarae, Taieri, Mataau, and Te Karoro. These are the boundaries--The northern boundary line commences at Purehurehu runs along the sea shore crossing the entrance of Otakou (Harbour) to Otupa, thence along the coast to Poatiri--the Eastern boundary is the ocean from Poatiri to Tokata, thence the southern boundary runs along the summit of Taukohu to Pohueroa--it then runs along the summit of the Kaihiku range and crosses the Mataau river, thence along the summit of the Maungaatua range to Wakaari along the summit of Wakaari to Mihiwaka and Otuwareroa, thence it descends to Purehurehu on the sea coast--We also give up all the Island Kamautaurua, Rakiriri, Okaihe, Moturata, Paparoa, Matoketoke, Hakinikini and Aonui--Excepting the following places which we have reserved for ourselves and our children that is to say a certain portion of Land on the eastern side of Otakou called Oruate--the boundary line commences at Moepuku crosses over to Poatiri thence along the coast to Waiwakaheke then crosses to Pukekura and runs along the side of the harbour to Moepuku--also--a certain portion of Land at Pukekura the boundaries of which are marked by posts containing one acre more or less--also--a portion of Land at Taieri, the boundary line of which commences at Onumia and runs across in a strai[gh]t line to Maitapapa, the Taieri river forms the other boundary, also a portion of Land at Te Karoro bounded on the south by the Karoro river, on the east by the ocean the northern boundary includes the village of that place and extends inland about one mile which said
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reserved places we agree neither to sell nor let to any party whatever without the sanction of His Excellency the Governor of New Zealand. --We have received as payment for the above first mentioned Lands the sum of one thousand [sic] (two thousand) and four hundred Pounds in money, on this day, in the presence of these witnesses.
A true translation--George Clarke Junior, Protector of Aborigines.
This deed brought matters to an end and Tuckett was able to proceed with his survey of the 150,000 acres he needed for the settlement of New Edinburgh out of the 400,000 he thought the explored block contained, however recently it was discovered that that the total area was as much as 534,000 acres. At the same time "unbeknown to the Ngai Tahu and the Company negotiators, the New Edinburgh scheme had already been abandoned in England.
......Uncertainty about land titles and the peace of the colony following the Wairau affair the previous year had made potential investors and colonists wary. It was not until 1847 that the Otago Association, the inheritor of Rennie's scheme, was able to send colonists to what became known as the Settlement of Otago. In the meantime, Governor Grey, FitzRoy's successor, had granted the whole 534,000 acres to the Company......" From the above in formation it would appear that if Tuckett had not been restrained from surveying by Symonds, he would have only chosen the necessary 150,000 acres and the Maoris would have been the gainers. Considering that Symonds was with the expedition to safeguard the interests of the Maoris, it is ironic that by being such a stickler to his "instructions" he did the exact opposite.
Over the following years the Maoris descendants have argued that they should have been given more of the lands and their complaints were finally heard by the Waitangi Tribunal to consider whether FitzRoy and Grey's failure to set aside additional reserves
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constituted a breach of the Treaty of Waitangi, so the following findings of the Ngai Tahu Land Report is of interest.
"The tribunal had to consider whether the failure on the part of FitzRoy and Grey to set aside additional reserves constitutes a breach of the Treaty of Waitangi. After the sale, Ngai Tahu were left with 9615 acres. Was this sufficient for their present and future needs and an adequate endowment? In considering this issue, the tribunal has rejected the suggestion of claimants' counsel that these 9615 acres should not be taken into account as they had been excluded from the sale. The exclusion from the sale of lands required for the comfort and subsistence of Ngai Tahu was consistent with the Treaty principle that they were to be left with a sufficient endowment for their own needs, both present and future. However, if these reserves were insufficient to provide an adequate provision for their present and future requirements, then the Crown was under an obligation to ensure this by way of further reserves."
"How much then was adequate? The 9615 acres left Ngai Tahu can be contrasted with the 8650 acres FitzRoy awarded John Jones of Waikouaiti in December 1844. Following a prolonged dispute with officials, Jones was eventually awarded 8500 acres by special legislation in 1867, in addition to the 2560 granted him in 1849. This 11,060 acres comprises over 1000 acres per member of his family, including his wife and nine children. In contrast, Ngai Tahu were left with less than 30 acres per head, based on an estimate of 335 people who may have had rights in the block."
"In a study of Ngai Tahu's social and economic position in the period after the purchase, Mr Bill Dacker, a claimant historian, argued that the tribe was seriously under endowed with land in their attempts to realise the benefits which European settlement promised. As a result, he argued that the tribe was marginalized in the European world and their tribal identity was
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eroded. The Crown responded with the evidence of Mr Tony Walzl, who while agreeing with Mr Dacker's general conclusions, did not see the reserves as being under pressure during the 1850s. Professor Pool, for the Crown, placed Ngai Tahu's needs in a demographic framework. He presented figures which suggested that by the estimates of the day for European needs, and considering the quality of the reserves, Otakou Maori had sufficient land for their 1844 needs. However he also demonstrated that European estimates of what was necessary increased dramatically as pastoralism took a hold on the New Zealand economy. As for Ngai Tahu's future needs, Professor Pool had no doubt that the provision made for them was inadequate, citing Alexander Mackay's 1891 figures which show only 12.8 per cent of Maori in Otago as having sufficient lands for their needs. To some extent the responsibility for this goes beyond the Otakou purchase and was a consequence of the Crown's subsequent dealings with Ngai Tahu over land".
"Discussing present and future needs in terms of population per acreage was helpful, but presented the danger that the outcome was distorted. The Crown was under a duty to Otakou Maori to ensure that ample land was set aside to provide an economic base for the future. In fact it left Ngai Tahu only sufficient land for bare subsistence, with no opportunity to turn, as European settlers soon did, to pastoral farming. The tribunal, therefore, had no hesitation in finding that the claimants' grievance that the Crown failed to provide an economic base was made out. In short, the Crown acted in breach of Treaty principles in failing to ensure that Ngai Tahu retained or were allowed sufficient land for their present and future needs."
From all that has been detailed above Frederick Tuckett had right on his side when, after his return to England, he carried on his "battle" for the Maoris cause through his involvement with the Aborigines Protection Society.
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To Col. Wm. Wakefield. New Edinburgh, August 5th 1844.
In the account, which I prepared of the expenses of the Preliminary Expedition to the period of your departure on the 31st ult. I omitted to carry into the account the amount of the invoice of goods shipped from the N. Z. Company store at Nelson, which does not appear in my cash books (vis £56. 17. 10 1/2), I also omitted to forward the letter to the Manager of Nelson Bank enclosing for acceptance and to be placed to my account two bills drawn on you at three days sight, in favour of self, for salary from March 2nd to June 30th, one for £96. 3. 0, the other for £128. 4. 4. Karetai has purchased, for £120, the small schooner in which Dr Selwyn visited the coast of this Island, and intends sailing for Port Nicholson (Lambton Harbour, Wellington) tomorrow, which affords me an opportunity for correspondence. If there are any letters or newspapers lying at the Wellington Post Office addressed to me, I should esteem it a favour if they could be forwarded on return of this schooner if no earlier opportunity should present.
Frederick Tuckett.
From this letter it would appear that Tuckett is trying to get the finances in order, but, more importantly he is trying to ensure he is paid his salary up to 30th June.
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To Col. Wm. Wakefield. -- New Edinburgh, August 6th 1844.
The pair of sawyers (Scott & Lethbridge) from Taranaki have refused to execute an order for sawn timber to be delivered on the Company's Reserve at 12/- per hundred feet. Valuing the timber here on the town site at 3/- per hundred feet (which they agree to pay if allowed to cut on their own speculations), my offer is equal to 15/- per hundred ft., which is a higher rate of remuneration for the working man than has been as yet obtained by the Proprietor in New Zealand, and therefore can not be afforded. It appears to me to be important to resist exaction at the outset or rather to counteract it, and although the mill sawn timber of Nelson & perhaps of Wellington is bad & much more expensive if required to be planed, I would yet prefer expending the difference, if it cannot be avoided, in an increased number of days work for the carpenters.
As I have already sent to Nelson an order for the same quantity and dimensions, I do not propose that this should be cut at Wellington on purpose, but mention the circumstances hoping that parties there may be induced to ship timber in such quantity as to ensure reasonable charges here.
Three pair of surveyors (beaches from Waikawaite) are at work on the other side making houses with the timber where it is most convenient for the saw pit for water carriage. I have given them notice that the Timber is the property of the N. Z. Company purchased for the Settlement of New Edinburgh, and have also offered them employment at the head of the Harbour at 12/- per hundred feet, which I think they will accept. I would rather not encourage them to remain here, but I think it preferable to arguing directly or indirectly in their disregard of the right of property.
Excepting on each town site I do not propose to attempt to prevent any sawyers from cutting timber for sale to persons squatting on the lands purchased by the Company, but not to al-
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low of it being sold (unless purchased from me) to persons residing on the Native Reserves. An opportunity offers of forwarding this by the schooner from Jacobs River which Karetai has purchased and Harwood charters.
The Barque "Magnet" with Mr Jones arrived from Auckland bringing, I am informed, a few adventurers, she proceeds south to the Whaling Stations for oil.
Frederick Tuckett.
I have drawn a Bill at three days sight on you for £20 Twenty Pounds, in favour of Walther Christie, as compensation for house and enclosure on the east shore of Otakau Harbour.
Two schooners off the Harbour mouth reported to be the "Shepherdess" and the "Scotia". The "Magnet" is going north far out and has not brought any one for the settlement.
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To Mr J. C. Drake, Surveyor. -- New Edinburgh, August 15th 1844.
I beg to acknowledge the receipt of your Tenders for Contracts No's 3, 5 and 6 and inform you that I am willing to accept your Tender for Contract No. 3, subject to you signing the second copy of the Specification of the terms and conditions of the contract, in my presence.
Frederick Tuckett.
To Mr Jos. Thomas. -- Port of New Edinburgh, August 15th 1844.
No one regrets more than myself the suspension in which you have been so long held in reference to the disposal of the survey of this Settlement.
Your loss in common with the coming Proprietors of such precious time is the work of those parties, who by a miserable intrigue prevented me from effecting in the month of June the purchase of the district which I had selected for the settlement of New Edinburgh.
I am in a difficult position in which it is almost impossible to act with strict justice to the Proprietors, to the Surveyors expected from Nelson, and to yourself, I therefore deferred opening your tenders until this evening, doubtful whether I could do so with propriety.
Having now considered them, I will submit to you two propositions, either that you defer receiving a decision as to Contract No. 1 until I can be satisfied that I shall not receive a more advantageous offer, or that I accept your Tender for the Survey of Contract No. 4, subject to you making a reduction of sixpence on your price per chain for extra work, and to your signing the broad specification in my presence as the act of taking the contract.
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Providing that you fully understand the terms and conditions of the Contract, which appears to me to be doubtful, I therefore extract from the original specification the particular clauses which it occurs to me that you may have overlooked.
"---It is contemplated that the whole should be first subdivided (but not staked) into sections of fifty, and subsequently that the most eligible of these shall be again subdivided into sections of ten acres each, if hereafter required.
"On completion in all respects etc etc etc, of one hundred sections of fifty acres of land each, or of that acreage in sections of other quantities
"The subdivision of each section of fifty acres into sections of ten acres, say three of 21 chains by 5, and two of 14 chains by 7. 50 -- will involve the expense of additional stakes, and with the case of woodland or water frontage, additional cutting to the extent of 71 chains, but in the case of all other sections of land, only 15 chains of cutting
"Sealed tenders to be sent in etc etc etc, stating the price per acre on the nett acreage of each section of fifty acres of land, and of each section of ten acres of land as sold etc etc etc, and a price per chain for any extra work required of the contractor.
If you meant to provide for the continuity of subdividing into 10 acre sections under the head of extra work, I have no ob-
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jection to such form provided it is so declared, and not exceeding eighteen pence per chain, as the price of extra cutting, which is I believe sixpence per chain higher than I have before accepted on un-wooded ground.
I have likewise accepted a tender from Mr Drake for the survey of the adjoining contract No. 3 -- of which I inform you thinking you might probably with mutual advantage make joint arrangements for boating your provisions, implements etc on the River Tiarea, or that one might wish to carry for the other at a fixed price.
Frederick Tuckett.
Presumably to the Company Stores.
New Edinburgh, August 16th 1844.
I have accepted a Tender from Mr J. C. Drake for the Survey of Contract No. 3. Settlement of New Edinburgh, subject to his procuring a Theodolite, which I have no objection to his receiving in advance from the N. Z. Comp'y instruments, the cost price at Wellington to be deducted from the contract price on the survey.
Frederick Tuckett.
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To Col. Wm. Wakefield. -- New Edinburgh, August 17th 1844.
I have accepted a tender from Mr Thomas for the survey of Contract No. 4 (Tairea Plain) at the price of seventeen pence per acre, and from Mr Drake for the survey of Contract No. 3 at fourteen pence per acre (Tokomuroia Plain and coast at the mouth of the Tairea River).
I write to request that provisions, pork and flour, not biscuit, black tea, not green and coffee, may be sent in proportion to the quantity which Mr Thomas may intimate that he requires, to the extent of about five times such quantity, anticipating that each contractor may require about the same quantity in advance.
I have allowed Mr Drake to have the new Theodolite which you brought here with you, and that he may commence work immediately. I shall therefore require another in its stead by the earliest opportunity, and two good 66 ft. measuring chains.
When I left Nelson there was some stock of English made american felling axes in the N. Z. Company Store of which I should like to obtain twenty as soon as possible. Bad tools and material such as the bell hooks, grindstones and several other implements received from Wellington by the "Casbon", would be dear at any price because using such no man could do more than half a days work.
Please to inform me what is the cost price here of the Theodolite which I have spared to Mr Drake. Mr's Nicholson & Allom appear to me to be competent surveyors, whether they can manage their party adequately I cannot yet judge, Mr Allom having been kept from going out in the field by a badly inflamed leg accompanied with ulcerations & boils, he is however nearly recovered and will, I have no doubt, next week divide the party of labourers who have been more than Mr Nicholson could employ to advantage.
I enclose an note received from John Eslick to stop his wife's pay at Wellington, he offers no reason for this step other than that she was living with her friends and did not require it. I have in-
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formed him that I shall not allow him more than the original balance of his wages, vis eleven shillings per week until you inform me that the payment of ten shillings per week to her has been discontinued, and that I do not imagine that you will allow the original arrangement to be infringed unless with the consent of his wife.
With regards to letting the contract surveys I have been placed in a position in which it was almost impossible to act with strict justice towards the Proprietor, the surveyors already arrived and others expected from Nelson, I have endeavoured to meet the interests of all parties in some measure by accepting two Tenders without further delay, leaving the remainder, in consequence, open until the arrival of the Nelson surveyors.
Of the two parties highly recommended by yourself, Mr Thomas & Mr Coffs, the former tendered as follows.
For No. 1 - at the rate of seventeen pence per acre.
For No. 2 at the rate of twentysix pence per acre.
For No. 3 at the rate of sixteen pence per acre.
For No. 4 at the rate of seventeen pence per acre, this excepted, for extra cutting eighteen pence per chain
Mr Coffs has tendered.
For No. 1 at ten pence per acre.
2 at ten pence " "
3 at ten pence " "
4 at ten pence " "
and nine pence per chain for extra cutting.
I have let No. 3 at (1/2) fourteen pence per acre, extra cutting per chain twelve pence. I consider No. 4, worth about sixteen pence per acre (let at seventeen per acre) and eighteen per chain, and No. 2 about twenty two pence per acre.
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I cannot therefore regard Mr Coffs tender, at one uniform low price, as other than a symptom of incapacity, but if he will give security for the execution of the contract, or anyone for him, I shall be very happy to accept such a Tender, if his friends would approve and advow it.
I have been delayed for want of sawn timber but I hope to have a store house ready for the reception of stores next week
Frederick Tuckett.
PS.
Without a small quantity of English coal the forge sent is of no use, about half a cwt of steel would be useful, the smith at the Settlement has not any.
Hereafter if more iron should be required, half of it should be four times the dimension and some of it less than twice of that which has been received, which I must endeavour to resell. The iron work required in a new settlement is for the most part very heavy.
Three paint brushes purchased of Wallace already stated in invoices by "Casbon" to have been shipped, delivered to the charge of Mr Nicholson, were not received by him, nor to his knowledge were on board the "Casbon".
The Theodolite required is a 5 inch one.
The above five letters are all to do with the day to day running of survey for setting out the settlement and includes letters about the tenders for such surveys. However it is interesting to note Tuckett's sense of fair play in his letter of 17th August, where he tries to ensure that John Eslick's wife is not being deprived of her due money without first obtaining her consent.
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To Col. Wm. Wakefield.
Port of New Edinburgh, December 15th 1844.
Mr Davison arrived here on the 23rd of November by whom I received your letter of the 5th ult. The "Susannah Ann" remained here nearly a week and then by direction of Mr Jones sailed for the Bluff to await the arrival of the "Scotia", and thence to return to Port Nicholson. On the 1st of this month the "Scotia" followed with Mr Jones on his way to Sidney. Whilst here Mr Jones promised that the "Susannah Ann" should call here for me on her return, on condition of my guaranteeing £10. 0. 0. Ten Pounds, with the liberty to take a third passenger, he said that I might expect her with the first fair wind after the arrival of the "Scotia" at the Bluff. Under these circumstances, although tired of waiting in suspense, I do not like to enter into any other engagement, for which the arrival of the "Eliza" yesterday now affords an opportunity.
I very much regret that you did not release me from my engagement here by providing me, according to my request, with an opportunity of removing from here to Nelson, where I entered on my present office - As soon as an opportunity presents I shall avail myself of it and place Mr Davison in possession of all the Property of the New Zealand Company here under my charge. . . . . My anxiety to return has been not a little increased by receiving, on Mr Davison's arrival, a letter from the Manager of the London and Nelson, Australian Bank requiring me to pay the sum of £3425. 4. the amount of Bills drawn by you on the New Zealand Company and indorsed by me as acting resident Agent at Nelson. Mr MacDonald's letter to me is dated August 28th.
I feel very confident that the requisition made upon me is a mere form, still without an opportunity of obtaining advice, and unable to obtain the letters which for the past six months may have reached Nelson from my friends in England, I feel much
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hurt at being threatened with such a liability without the means, even of enquiring, much less of action.
Hoping to arrive at Wellington before this letter by a better vessel.
Frederick Tuckett.
In this final letter, which appears somewhat confused, we can sense Tuckett's frustration with the New Zealand Company and his desire to be released from his employment with them and leave Otago to proceed to England.
From the second paragraph it would appear that the New Zealand Company had not been honouring its commitments for some time, as the outstanding sums mentioned date back to the latter part of 1843. It can only be hoped that Tuckett was able to sort the matter out on his return to Nelson.
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Appendix
In the following pages there is a specification written by Tuckett for one of the contracts needed to survey the land ready for the settlers once they arrived.
Although this specification might be rather technical and uninteresting it has been included to give some idea of the amount of work necessary when a new settlement and town is in the process of colonisation.
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Contract No. 4. Specification.
This contract includes the Tiarea Plain on each side of the Tiarea River, bounded on the east and west by a range of hills, and terminates northwards at a point where the hills on either side approaching the river issues from a narrow valley. The southern termination on the east side of the Tiarea is line M. R. the boundary of a native reserve, the cutting of which is included in contract No 3. On the west side of the Tiarea a line as A. B., vide sketch of the District, as if hereafter found available in the dry season of the year, the banks of the Waipui River and Lake to the River Tiarea.
The eastern side and the upper or northern extremity of the District to be first surveyed.
A traverse line on the east bank of the river is to be cut and cleared about 20 links from high water mark, from one extremity to the other, and subsequently a base line connecting the extremities of such traverse line.
From such base line, at intervals of 181 chains, lines at right angles to the base line, east to the hills and west to the traverse line, along the course of the river. When the preliminary lines have been cut and measured the plan of subdivision into sections will be decided on by the Company's Chief Surveyor, on receipt of a plan on which the contractor shall have plotted these preliminary lines. It is contemplated that the whole should be first subdivided (but not staked) into sections of fifty, and subsequently that the most eligible of these shall be again subdivided into sections of ten acres each, assuming, for the sake of illustration, that the proportions to be adopted for the fifty acre sections are thirty five chains by fifteen. The contractor will lay out the tract of lands, as far as may be practicable, in Blocks of 90 chains by 35, leaving a space of sixty links between each two
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Blocks as a Roadway, and subdividing each of these Blocks into six sections each of 35 chains by 15, as such more of the sections of 50 acres of Land, not water, as can be allowed in each Block. The excess in the quantity of each section above fifty acres will admit of any deflection in the course of the roads, which hereafter, to facilitate their construction, may be found desirable. Such regular plan of subdivision to be deviated from where adjoining the course of water, substituting such water courses as boundaries in front of sections wherever practicable.
Lines are to be cut along each boundary of each section (Vide Note) four feet in width on and above the ground clear of all growth. The blocks and the sections in each Block are to be numbered progressively. At each comer of each Block a stake, in length four feet, in scantling four inches by three, shall be driven thirty inches into the ground, and on the outer faces of such stakes shall be branded the number of the Block and on the inner faces of the stakes the numbers of the comer sections of the Block.,
At each comer of each section, not being the comer of a Block, a stake in length thirty inches and in scantling three inches by two and a half, shall be driven twenty inches into the ground, and on two of the opposite sides of such stake shall be branded the corresponding number of the sections: All stakes to be of sawn and sound timber either Maui (black pine), Totara or Titoki.
A ranging rod distinguished by a piece of white paper or cloth, higher than the adjacent growth, to be placed firmly in the ground at each stake.
The boundary lines of each Block and each Traverse line to be accurately ranged and measured by the contractor.
Note, each section of woodland or for the most part of woodland, and each section having a water frontage, or a frontage on a roadway between the sections and the water, and in respect of all
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other sections along the boundaries of each Block of single sections, and the measurements indicated on pegs driven in the ground at intervals of ten chains or less.
The contractor shall renew any of the ranging rods or stakes from time to time during the progress of the survey until its final completion, should any of them, up to the period of completion of the whole, have been removed or defaced. The contractor will be required to complete the survey of fifty sections of fifty acres each of land monthly, or in the first month, before the sections are subdivided, to cut lines in linear measurement to the extent of 3000 (2400) chains. On completion, in all respects as required and here specified, of one hundred sections of fifty acres each, or of that acreage in sections of other quantities, the contractor will be entitled to require the Company's Surveyor to inspect such portion of the survey within two weeks of a notice being received by the Company's Chief Surveyor, such notice to be a written one, declaring that such a quantity has been executed according to this specification and as represented in the plan, which will be required with each written notice, such plan to be a reduction of the working plan, accurately plotted showing the position and extent of the survey included up to the date of such notice. The contractor shall provide the Company's Chief Surveyor, or any other person appointed by him to examine the Survey, with a competent guide and chainman if required. Such portion of the survey having been examined by the Company's Surveyor, and found to be accurately completed, the contractor shall then be entitled to immediate payment on a certificate from the Company's Chief Surveyor of its extent and accuracy, payment to be made by Bills of three days sight on Col. W. Wakefield, Principal Agent, Wellington.
On the plans the Blocks and sections are to be distinguished by numbers and the roadways by letters to facilitate, in correspon-
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dence, a reference to any portion of the survey. The contractor shall plot the plan of the survey on a scale of twenty chains to the inch. He shall keep his Field Books in ink and deliver them, with a mounted plan of the survey to the Company's Chief Surveyor on completion of the whole survey. The Field Books and Working Plan he shall submit to the examination of the Company's Surveyor whenever required during the progress of the survey. The position and range of all hills, water course and woods bounding the District surveyed, and within the limits of such District there extent, shall be ascertained by the contractor and accurately delineated on the plans of his survey.
As no deposit nor security is required of the contractor, it is expressly stipulated that until he has completed the required quantity of or equal to fifty sections of fifty acres each, monthly from the date of this contract, he shall not be entitled to any advance of money on his contract, and also that if he shall require the Company's Surveyor to inspect any portion of the survey which has not been accurately executed in accordance with this Specification, he shall be liable to a permanent deduction of twenty five per cent on the contract price for the survey, of the quantity of five thousand acres in the survey, of which any inaccuracy may be found, and all further payments on the contract shall be deferred until the contractor shall have requested a fresh examination of the corrected survey, and until the same shall be certified to be correct by the Company's Chief Surveyor. Any difference in judgement as to the terms and fulfilment of this contract shall be referred to the decision of two arbitrators, one to be chosen by the Chief Surveyor, the other by the Contractor. The arbitrators to choose an umpire whose decision, if appealed to, shall be final. The expenses of such arbitration to be defrayed by the party against whom the arbitrator, or the umpire, shall decide. Both the arbitrators and the umpire shall each be a Proprietor of an allotment of land in the Settlement of New Edinburgh.
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If the preliminary lines specified should not be adopted as the boundary lines of sections, they will be paid for at the price per chain specified in the contractors accepted tender for extra work. Another Base line connecting this with the adjoining surveys is to be executed by the contractor if required hereafter by the Company's Chief Surveyor and also to be paid for as extra work at ---- per chain where it does not serve as a boundary of sections. The subdivision of each fifty acre sections into ten acre sections, three of 21 chains by 5 and two of 14 chains by 7.50, will only involve the expense of additional stakes, and in the case of woodland or water frontage, additional cutting of other lines to the extent of 71 chains, but in the case of all other land, only 15 chains increase of cutting.
Sealed Tenders to be sent in on or before the 1st of August evening, stating the price per acre on the nett acreage of each section of fifty acres of land, ten acres (as sold & to be delivered to the Proprietors) for the execution of a survey according to this Specification, and the price per chain for any extra work required of the contractor.
The lowest Tender will not necessarily be accepted, only such as are accepted will be acknowledged, such parties being invited to sign their contracts within one fortnight ensuing.
Frederick Tuckett.
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Conclusion
After Tuckett's letter of the 15th December, 1844 virtually "demanding" to be released from his employment with the New Zealand Company, he left Otago on 22nd December and returned to Nelson, where, after he had settled his affairs with the New Zealand Company, he intending shortly to leave for England. However we do not know if he did sort out matters with the Company or, in view of their finances if he was paid for the nine months privations and effort he put into his exploration and selection of the Otago site. Tuckett then spent most of 1845 travelling in Australia, looking at the conditions of colonists in that country before returning to Nelson in April 1846 to finally wind up his affairs. He left New Zealand on the "Star of China" on 14 December 1846, sailing, we believe, via South America to England. His choice of the site of New Edinburgh was vindicated by the success of the Dunedin settlement, which went ahead in 1848.
Despite his discomfort about the New Zealand Company's aims and methods, and particularly with its land policies, Tuckett made generous efforts towards the success of the Nelson colony, assisting individuals, particularly the German settlers, with loans, gifts of seeds and agricultural advice. He was a member of the committee which set up the first school in the settlement in 1842, and was active among the small body of Quakers there. Before his departure he gave the Nelson Lutheran congregation his house, and presented the Nelson School Society with a gift of books and the rental income from his property.
From England Tuckett corresponded with settlers and assisted others to emigrate. He kept up a voluminous exchange with the isolated Wohlers on Ruapuke Island, sending him gifts of equipment; they had lively and argumentative discussions about Wohlers's missionary methods. He involved himself very
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much with the Aborigines Protection Society and other humanitarian causes, and maintained his keen interest in New Zealand exploration through his membership of the Royal Geographical Society. For the rest of his life he never ceased to criticise what he saw as the robbery of the Colonists and of the Natives by the New Zealand Company. He settled in London but spent much time in travel abroad. Tuckett never married, and died in London on 16th April 1876.
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