Ngai Tahu Land Report

06 Otakou

6.5 The Purchase

Tuckett's expedition

6.5.1 In anticipation of FitzRoy sanctioning the purchase of land in New Munster, Colonel William Wakefield appointed Frederick Tuckett, the principal New Zealand Company surveyor at Nelson, to select a suitable site for the New Edinburgh settlement. Tuckett accepted the assignment on the condition that he would not be tied to the Port Cooper locality but could look further afield in the South Island (P2:60-62).{FNREF|0-86472-060-2|6.5.1|58} On 2 April 1844 Tuckett, his assistant surveyors, Barnicoat and Davison, and Symonds sailed from Wellington on the Deborah. Earlier that day a meeting was held in the office of the southern district superintendent, Richmond, attended by Symonds, Colonel Wakefield, Tuckett and Commissioner Spain. Richmond gave written instructions to Symonds that in superintending the purchase, no survey was to be carried out prior to the land being purchased by the company (C2:7:7).{FNREF|0-86472-060-2|6.5.1|59} But, at Tuckett's request, it appears Richmond verbally modified these instructions to the extent that Tuckett could take soundings and survey harbours provided that Maori did not object and Symonds' consent was first obtained. Spain later recalled that Richmond instructed Tuckett to "be very cautious and not bring about another 'Wairau affair'" (P2:56-59).{FNREF|0-86472-060-2|6.5.1|60}

These instructions posed a problem for Tuckett in that he would not be able to begin negotiating with Ngai Tahu unless he could give a reasonably precise indication of the land he sought to purchase. The combination of Tuckett's impetuosity and Symond's cautious and somewhat literal approach to his duties was to produce much discord between them.

Following an inspection of the Port Cooper district, the Deborah proceeded south, reaching Waikouaiti on 19 April. Having obtained the consent of the local Maori, Tuckett proposed to survey the Waikouaiti Bay roadstead. Symonds would not consent and, in the face of Tuckett's persistence, departed for Wellington on the Scotia, a vessel owned by the whaler and trader John Jones. Tuckett proceeded on his expedition south without Symonds and made a thorough examination of all the districts between Waikouaiti and Fiordland. By 25 May he had virtually decided on Otago Harbour, the Taieri plains and Molyneux Bay for the settlement (P2:62-63; C2:8:1-8).{FNREF|0-86472-060-2|6.5.1|61}

6.5.2 Tuckett found that nearly 20 Europeans were living at Otakou, on the eastern harbour, with houses and cultivations of enclosed land. His journal continues:

If any claim has been advanced by any of these squatters, none has been approved by the Land Commissioners; yet they will consider themselves aggrieved if ejected from their dwellings without compensation; whilst, on the other hand, if the land is purchased for New Edinburgh, this locality will probably be a portion of the town. (C2:10:10-10a) {FNREF|0-86472-060-2|6.5.2|62}

As Professor Ward noted, this comment of Tuckett's foreshadowed what was to be a major aspect of the subsequent negotiations-who was to own or control the peninsula on the eastern shore of the harbour? Clearly the area was attractive to Europeans. If Ngai Tahu retained the peninsula there was a distinct danger that a settlement there, which included Europeans, would be an economic rival to any new settlement at the head of the harbour. Ngai Tahu had already developed their own social and economic relations with the squatters and, it appeared, wished to maintain that relationship (T1:88).

Because he was prohibited from surveying any land before he purchased it, Tuckett was unable to define with any real precision the 150,000 acres he wished to buy. The only solution appeared to be to purchase a substantially greater area and then survey off the land the New Zealand Company wished to retain. On 25 May 1844 he wrote to Colonel Wakefield. After stating his preference for a site at Otago he said:

I wish to be authorized to purchase and survey 150,000 acres interjacent between Otago and the South Headland of Molineux Bay (called the Nugget) or between Otago and the North Bluff river, or the North Headland of Moeraki Bay, the precise boundaries of such lands to be defined hereafter on completion of the ACTUAL SURVEY, the Reserves within said points to be specified by THE VENDORS in the Deed of Conveyance or agreement of purchase. (C2:8:1-2){FNREF|0-86472-060-2|6.5.2|63}

Tuckett envisaged that it would be easy for Ngai Tahu to define within that larger block (likely to be considerably in excess of 150,000 acres), the areas they did not wish to sell and only then survey the company's 150,000 acres. Professor Ward noted Tuckett's emphasis was on Ngai Tahu defining their own reserves, rather than having them selected by the company. No suggestion was made about tenths (T1:89).

6.5.3 Meanwhile Symonds had arrived back at Wellington on 30 April. In his report to Superintendent Richmond he complained of Tuckett proceeding to survey lands and roadsteads without Symond's consent. He was also critical of the company's intention to pay Ngai Tahu for their land partly in goods and partly by cheque (C2:7:8).{FNREF|0-86472-060-2|6.5.3|64} He was backed up by Richmond who gave him more stringent instructions should Tuckett make any further surveys without his consent. To improve relations between Symonds and Tuckett, Colonel Wakefield decided to send his brother Daniel to Otago to act as an intermediary. Daniel Wakefield was also provided with the purchase money of 2000.

Symonds now returned on the Scotia, accompanied by Daniel Wakefield, Wakefield's interpreter, David Scott and John Jones, the owner of the vessel. Tuhawaiki and Taiaroa joined them at Port Cooper. They reached the Otakou harbour on 8 June 1844 having left Jones at Waikouaiti the previous day. It appears Jones did not go down to Otago until 18 June (P3:6-7).{FNREF|0-86472-060-2|6.5.3|65}

Tuckett's proposal

6.5.4 Symonds first learned at Waikouaiti of Tuckett's choice of Otago as the site of New Edinburgh. Tuckett arrived three days later on 11 June having walked from Molyneux. By now he had a reasonably clear idea of the land he wanted. He asked Daniel Wakefield to advise Symonds that:

...I wish to effect a purchase of the 150,000 acres allowed for the settlement of New Edinburgh, in a district interjacent between the harbour of Otago and the South Headland (Tokata) of Molineux Bay (Kunesoo), the precise limits of such 150,000 acres to be defined hereafter on execution of an actual survey, the reserves within such limits, if any, are required to be defined by the sellers. It would greatly facilitate a clear understanding with the present proprietors, if a continuous block of land equal to about 12 miles in its extreme breadth, in a course inland about due west by compass, might be acquired. (C2:7:13-14){FNREF|0-86472-060-2|6.5.4|66}

With this letter Tuckett sent a note of his "Remarks on the District". He first described the principal places where Otakou Ngai Tahu were living and went on:

I wish it to be clearly stated in the deed of purchase, or clearly explained to the Maoris and recorded, that the names of such Maoris as are now actually resident and occupiers of land within the district described, and that other Maoris cannot, after the land is paid for, reside within the district, excepting on such land as may be specially reserved for the present residents or others. The two clearings of Te-kaki are near the mouth of the Taiarea; the other, on the plain on the east bank of the river, I have not coloured, supposing he would not part with them, otherwise, the latter I should like to acquire. The native proprietors at Otago are, I believe, known to Mr. Symonds; I do not wish to acquire any of their usual places of residence at the entrance of the harbour, but of a point occupied as a whaling station, and thence inland on the east side of the harbour, on which many Europeans reside, I consider it important that I should be put in possession, either by the magistrate or the aboriginal proprietors. (C2:7:14){FNREF|0-86472-060-2|6.5.4|67}

Professor Ward commented on two notable elements of Tuckett's approach, (the company approach in fact, for Colonel Wakefield shared his views). There was first the desire to assume possession of the land occupied by European squatters, notably on the eastern peninsula. Secondly, the desire, no doubt based on their bitter experience in Wellington and Nelson, to maintain a clear distinction between areas of Maori occupancy, and the lands of the proposed settlement (T1:90).

In a letter to Colonel Wakefield, also on 13 June 1844, Tuckett explained his proposal to purchase a large coastal block. This, he said, would "simplify the definition of the Boundaries between us and the Aborigines with the belief that the whole may be purchased for about the same sum as the half". He was, however, sceptical that the sum of 2000 provided would be sufficient (P3:82-83).{FNREF|0-86472-060-2|6.5.4|68}

Symonds approved Tuckett's proposals and advised Richmond that the long narrow piece of land extending from the Port of Otago to beyond the Molyneux River would be between 300,000 and 400,000 acres in extent. But Symonds' approval was, as Richmond later reported to Governor FitzRoy, subject to the condition that "the unappropriated residue after the Company has selected 150,000 acres of available land, should be dealt with in such manner as Your Excellency may deem fit". Richmond advised that he had approved Symonds' decision (P3:97-98).{FNREF|0-86472-060-2|6.5.4|69} Dr Loveridge has shown that this letter, dated 16 July 1844, was misdated in transcription and was probably written by late June (P2:77). Richmond suggested the residue should be retained by the Crown and let to the settlers for grazing. He made no mention of tenths or indeed any other reserve for Ngai Tahu or public purposes, in any part of the block.

6.5.5 When Symonds returned to Otago on 8 June accompanied by the Ngai Tahu leaders Tuhawaiki and Taiaroa, he soon met other Ngai Tahu chiefs. On 10 June 1844 he noted in his journal, "Many natives arrive Tuhawaiki, Taiaroa, Pokene, Karetai, Koroko etc" (P3:8).{FNREF|0-86472-060-2|6.5.5|70} On his way north overland from the Molyneux, Tuckett had told Ngai Tahu that he wished to negotiate a land purchase with them. No doubt they arrived in response to this invitation.

Did Ngai Tahu request two reserves at Otepoti?

6.5.6 Before discussing the negotiations which were set in train a few days later, it is convenient to consider a deposition made 23 years later in 1867. This deposition was made by John Jones in support of a petition of John Topi Patuki pertaining to the Princes Street reserve, which we discuss later in this chapter. In the following discussion we are indebted to an analysis and commentary made by Dr Loveridge (P2:80-84). Jones stated that in 1844 he had taken Symonds, Daniel Wakefield, David Scott as interpreter, and Tuhawaiki from Wellington to Otago on the Scotia. Jones stated that he then returned to Waikouaiti to bring down a large number of other Ngai Tahu. On their arrival a meeting took place at Koputai (Port Chalmers). Reserves were discussed. Wakefield agreed to a burial ground at Port Chalmers being reserved. Jones recited that they (Symonds, Wakefield, Jones and various Ngai Tahu chiefs) then went to "where Dunedin now stands". There, he says, the Ngai Tahu selected two spots referred to in clause 3 of Topi Patuki's petition. These are referred to in our later discussion of the Princes Street claim as the hostelry site and the Princes Street reserve site. Jones described them as being sought for boat harbours. According to Jones, Daniel Wakefield at first assented, but later "insisted upon retaining them". This brought the negotiations to an end. Jones claimed the "whole of the Natives, including Towaki" (Tuhawaiki), returned to Waikouaiti.

Ten days later, Jones claimed, Daniel Wakefield sent a "note" asking Ngai Tahu to return and resume negotiations, which they did. When negotiations resumed, Daniel Wakefield "gave in". Jones "was acting for the Natives". At the end of the deposition it is recorded that Jones was asked what he knew respecting the phrase in Patuki's petition that the petitioner "was also entitled to one-eleventh of the sections into which their lands might after their cession be divided". He answered that he was "quite certain that at the time of the purchase no such question as this was mooted". (A8:I:154-155){FNREF|0-86472-060-2|6.5.6|71}

6.5.7 Jones' testimony can only relate to June 1844. Symonds, Daniel Wakefield and Scott did voyage to Otago on the Scotia in June, accompanied by Jones and, from Port Cooper on, by Tuhawaiki and Taiaroa. But when Symonds returned for a second time in July 1844 he journeyed on the Deborah with Colonel Wakefield, Spain and Clarke. Daniel Wakefield, who had left Otago with Symonds on 20 June, did not return in July. We agree with Dr Loveridge when he said it is extremely difficult to fit Jones' story of two negotiating meetings in June, between Symonds and Daniel Wakefield on the one side and Jones and Ngai Tahu chiefs on the other, into the chronology of events. Jones claimed:

- that the first meeting took place a few days after Symonds and Daniel Wakefield reached Otago;

- that all the Ngai Tahu involved, including Tuhawaiki, then departed, staying away at Waikouaiti for at least 10 days; and

- that the second negotiations, again with Daniel Wakefield (and presumably Symonds) took place after their return to Otakou.

6.5.8 Dr Loveridge questioned whether Daniel Wakefield met with representatives of Ngai Tahu soon after 8 June as Jones claimed. He thought not. As he said, Symonds was present at Otakou from 8-20 June and makes no mention in his journal of any such meeting, nor do any of his surviving reports to Superintendent Richmond. Tuckett and his assistant Barnicoat were present from 11 June 1844 onwards. Neither Barnicoat's journal nor Tuckett's reports to Colonel Wakefield make any reference to formal negotiations taking place before 18 June. Moreover, neither of the two Ngai Tahu eye-witnesses who testified before the Smith-Nairn commission in 1880 suggest there were two sets of negotiations in June. Horomona Pohio and Rawiri Te Maire both referred to meetings which took place nearer the end of the month. Neither referred to the dramatic breakdown in negotiations and their resumption 10 or more days later (C2:14:18-66).{FNREF|0-86472-060-2|6.5.8|72}

No contemporaneous evidence suggests a large scale exodus by Ngai Tahu earlier in June. Dr Loveridge pointed out that Tuckett noted on 13 June that, "at present the negotiation has not been attempted, all the parties interested not having yet arrived" (P3:82-85).{FNREF|0-86472-060-2|6.5.8|73} Symonds recorded in his journal that Tuhawaiki was in Koputai on 11 June "with a working party, making [a] house" and on 13 June Maori people were still busy building houses (P3:8).{FNREF|0-86472-060-2|6.5.8|74} It appears that the principal Ngai Tahu chiefs were on hand in Otakou from the time of Symonds' arrival up to the start of negotiations on 18 June. Symonds records in his journal for 18 June that Jones arrived at Otago that evening and that on the nineteenth endeavoured "in his way to settle matters but does not succeed" (P3:9).{FNREF|0-86472-060-2|6.5.8|75} Tuckett's report of 20 June 1844 to Colonel Wakefield supports the likelihood of a discussion about reserves at Koputai. But we agree with Professor Ward, who found there to be no 1844 evidence in reference to reserves at Dunedin (T1:95).

6.5.9 The tribunal has come to the clear conclusion that there is no satisfactory evidence that Ngai Tahu, in 1844, requested the setting aside of two reserves in the location of the future Princes Street, as claimed by John Jones. We agree with Dr Loveridge's conclusion, "There was no exodus to Waikouaiti" (P2:84).

June 1844 negotiations

6.5.10 These have been succinctly described by Professor Ward and we largely adopt his account as an accurate record of the principal events (T1:91-95).

Symonds, while agreeing with Tuckett's proposal to acquire a substantially greater area than 150,000 acres, was still anxious that there should be no misunderstandings on the part of Ngai Tahu. Accordingly, he proposed to Tuckett that, before negotiations began in earnest, there should be an inspection of the proposed boundaries. Tuckett, representative Ngai Tahu chiefs and Symonds would all participate in the inspection. He suggested that the meeting with Ngai Tahu to ascertain whether they were prepared to sell, be deferred for a week - the boundary inspection to take place meantime. Tuckett was anxious to press on with discussions. Frustrated by Symonds' cautious approach, Tuckett wrote to Colonel Wakefield on 16 June 1844 asking to be relieved at once "from the vexations of office" (P3:86-89).{FNREF|0-86472-060-2|6.5.10|76} Symonds, aggrieved at what he felt to be "extraordinary conduct and correspondence" on the part of Tuckett, resolved on 17 June to return to Wellington on the Deborah. Daniel Wakefield supported Symonds and decided also to return to Wellington (C2:7:15-18).{FNREF|0-86472-060-2|6.5.10|77}

6.5.11 As Professor Ward noted, Symonds knew that Ngai Tahu would be displeased at having assembled to no good purpose. A series of meetings therefore took place on 19-20 June. These were, however, preceded by discussions on 18 June which were recorded by Scott, Daniel Wakefield's interpreter. Scott stated that since his arrival in Otago (on 8 June 1844), he himself had a number of conversations with the principal chiefs and Ngai Tahu generally, but more particularly that morning with Tuhawaiki, Taiaroa and other named chiefs:

who severally distinctly expressed themselves highly satisfied with the arrangement of pointing out and fixing the general boundary of the intended purchase, as well as the portions they wish to reserve, to prevent any future misunderstanding with the settlers, and they are all (chiefs and dependents without any exception) to my knowledge, willing to sell the block described in Mr. Tuckett's sketch plan, subject to the reserves I have mentioned, with a copy of which they have been furnished, and which was carefully examined and explained in my presence at a general meeting of the natives this morning, the result of which was an unanimous expression of their anxiety to complete the transaction with as little delay as possible. (C2:7:18){FNREF|0-86472-060-2|6.5.11|78}

At the morning meeting Symonds told Ngai Tahu of his intention to return to Wellington with Daniel Wakefield and to come back as soon as possible, "to which they agree" (P3:9).{FNREF|0-86472-060-2|6.5.11|79} So by the afternoon of 18 June Tuckett became the principal negotiator. He attempted to reach an agreement. He reported on this meeting to Colonel Wakefield the next day:

I addressed the maories and did my best to explain to them the objects of my expedition and pressed them to give me the names of all the Proprietors of Land in the District which I wished to purchase, to state some reasonable amount of payment in money or goods for which they would alienate the Lands, the amount to be paid to each Proprietor[;] also if not disposed to sell the whole District to delineate on the Plan, that which they wished to reserve. Their expectations are perfectly childish in fact they have no idea of the amounts which they specify and which are too extravagant to be worth recording (C2:11:51).{FNREF|0-86472-060-2|6.5.11|80}

As Professor Ward commented, "this was an early phase, when 'ambit claims' and inflated demands could be expected" (T1:92). Barnicoat noted in his journal that Tuhawaiki mentioned a million pounds as the purchase price (P3:47).{FNREF|0-86472-060-2|6.5.11|81} In his journal for the following day, 19 June, Barnicoat recorded that there were:

now 18 boats belonging to the natives lying on the beach. The number of natives present cannot therefore be less than 150. Today a meeting of the Chiefs took place, at which an attempt was made to get a price named. It was not altogether successful. (P3:47){FNREF|0-86472-060-2|6.5.11|82}

6.5.12 The next day, 20 June 1844, a turnaround took place. Following further public negotiations, agreement was reached which established the main features of the Otago purchase (T1:93). Tuckett wrote the same evening to Colonel Wakefield, enclosing the following agreement:

Otago June 20th 1844.

The Maori Chiefs Tuawaite, Taiaroa and Karetai offer to the Principal Agent of the New Zealand Company the whole tract of Land colored 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 four 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 Frederick Tuckett 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 & Karetai
and witnessed by John Jones, T.H. Barnicoat and Frederick Tuckett. (C2:11:14-15){FNREF|0-86472-060-2|6.5.12|83}(emphasis in original)

Barnicoat's journal for 20 June 1844 records that the three Ngai Tahu chiefs that day "signed a memorandum binding them to sell the whole country from Otago to Molineux...with a single reserve for the sum of 2,400..." (P3:47){FNREF|0-86472-060-2|6.5.12|84}

6.5.13 What had changed between 18-19 June, when negotiations stalled, and 20 June, when an agreement was reached that remained firm in all essentials and was to be formally concluded on 31 July? In answering this question Professor Ward pointed to two matters in particular:

(a) The price. Whereas on 18-19 June the company appears not to have gone above 1200 or 2000 at most, on 20 June the Maori negotiators had come down to 2400 which presumably they thought realistic. Tuckett, whose limit was 2000, realised it would be sensible to agree to 2400; he agreed to this sum subject to his superiors confirming it.

(b) The inclusion in the sale of part of the eastern side of the harbour. On 18 June Ngai Tahu indicated their wish to retain all the eastern side. Two days later they were willing to relinquish most of the eastern side except for a four mile reserve on the outer harbour. This included land occupied by European squatters which Tuckett was most anxious to acquire and which Colonel Wakefield, a month later would still try to buy. But on 20 June Tuckett must have realised that Ngai Tahu was unlikely to include any more. And so he recommended acceptance (T1:94 & C2:11:13).{FNREF|0-86472-060-2|6.5.13|85}

(c) Professor Ward made a third point, in his view of less importance, but still significant. Tuckett, in his 20 June report to Colonel Wakefield, referred to a piece of land on the western shore of the harbour near Koputai claimed by Taiaroa's sister, married to one Thomas Chasland, an associate of John Jones. The claim was presented by John Jones on behalf of Chasland's wife. However Tuckett was adamant that he would not recommend the purchase if any part of the western side was withheld. Ngai Tahu accepted this. Nevertheless Tuckett recommended to Colonel Wakefield that one of the future town sections near the spot and with a water frontage, be given to either Jones or Chasland's wife. Otherwise Jones might use his influence to have the portion (and Tiarea Island adjacent, where he had part of his fishery) reserved directly to him by Ngai Tahu. Or else, Tuckett suggested (apparently suspecting that there might be other Maori claims to portions on which they were not actually residing) that Wakefield should be prepared to pay one or two hundred pounds over and beyond the 2400 sought, to extinguish any such claims (C2:11:13).{FNREF|0-86472-060-2|6.5.13|86}

We note that tenths were not mentioned in the agreement of 20 June 1844, or in Tuckett's report to Colonel Wakefield. He simply recommended that the:

offer of the Land...should be accepted, subject to obtaining the approbation of the Government, and its decision to whom the money shall be paid and in what proportions to each Proprietor. (C2:11:10){FNREF|0-86472-060-2|6.5.13|87}

Symonds was not privy to Tuckett's negotiations with Ngai Tahu which led to the 20 June agreement. Further negotiations would be necessary with Symonds present. A decision by the company on the purchase price was required.

The July negotiations and the purchase

6.5.14 Symonds, who had left Otago on the Deborah with Daniel Wakefield on 20 June, reached Wellington on 29 June. Symonds duly reported the reasons for his return to Superintendent Richmond. Tuckett's report to Colonel Wakefield was also on the Deborah. Colonel Wakefield decided to go down to Otago himself in place of his brother Daniel. On the return south on the Deborah, in addition to Symonds and Colonel Wakefield, were George Clarke Jr, sub-protector of aborigines, and Commissioner William Spain. They arrived at Otago on 16 July 1844.

6.5.15 In his report on the purchase of 31 August 1844, Wakefield stated that Tuckett had left little to be done beyond verifying the boundaries in the presence of the principal vendors and effecting payment (C2:11:27).{FNREF|0-86472-060-2|6.5.15|88} Before the boundary inspection commenced however, Symonds was present at a meeting with Ngai Tahu on 18 July. He noted in his journal for that day:

Hold a meeting of natives concerning reserves, the point in question viz their extent having been settled we start for the Head of the Harbour with Col. W[akefield], Mr Clarke and Mr T[uckett]. (P3:10){FNREF|0-86472-060-2|6.5.15|89}

The boundary inspection party set out later on 18 July accompanied by "six natives deputed by the assembled natives of the district..." (C2:11:27){FNREF|0-86472-060-2|6.5.15|90} It went up the harbour, over to the Taieri valley and by boat to Lake Waihola. They camped about 6 miles from the lake by a hill named "Owiti" (C2:11:40).{FNREF|0-86472-060-2|6.5.15|91} From, the top of Owiti they could see the south-western boundaries. On returning to Taieri they reached agreement on the boundaries of the Taieri reserve. They returned to Otakou on 26 July and the following day the party inspected the boundaries of the Ngai Tahu reserve on the south side of the harbour (Omate). Symonds then notes in his journal, "matters satisfactorily arranged" (P3:11).{FNREF|0-86472-060-2|6.5.15|92}

6.5.16 On Monday 29 July Symonds and Clarke prepared the deed of purchase in Maori and English (P3:137-138).{FNREF|0-86472-060-2|6.5.16|93} That day Symonds also obtained Wakefield's signature to a statement in which Wakefield undertook:

to select 150,000 acres, to which the Crown's right of pre-emption has been waived in favour of the said [New Zealand] Company,...leaving the unappropriated residue to be dealt with in such manner as his Excellency the Governor shall deem fit. (C2:7:3){FNREF|0-86472-060-2|6.5.16|94}

The deed is signed

6.5.17 On 31 July 1844 all was ready. Ngai Tahu were assembled and Wakefield had the 2400 purchase money. Symonds, in his report of 2 September 1844 to Richmond, with which he enclosed a copy of the deed, explained that before it was formally read over and signed he had requested George Clarke, the protector, to explain to Ngai Tahu the nature of the transaction:

that in disposing of their land they for ever surrendered their interest and title to such land; that their consent to sell it 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, and never expect to receive further compensation, that they should not alienate or let any portion of their reserves without having previously obtained the sanction of his Excellency the Governor; to all which stipulations they unanimously consented. (C2:7:2){FNREF|0-86472-060-2|6.5.17|95}

Symonds further reported that the boundaries were frequently explained by Clarke to Ngai Tahu who "stated that they fully understood all the terms and conditions of the purchase, as specified in the deed" (C2:7:2).{FNREF|0-86472-060-2|6.5.17|96} Wakefield later reported that Karetai (the senior chief of Otakou itself) then spoke to the assembly, reiterating the need to respect each other's areas to avoid disputes (C2:11:57-58).{FNREF|0-86472-060-2|6.5.17|97}

The deed was then read over in Maori and English. The Maori version was signed by the influential Ngai Tahu chiefs (twenty three in all, plus two by proxy), then by Tuckett and Scott for the company and Symonds and Clarke for the Crown. The purchase money was amicably divided among the different families under Tuhawaiki's supervision. A copy of the deed is in appendix 2.1.

Tuhawaiki then removed a tapu from a burial site at Koputai and took away the remains for reburial. The Union Jack was raised and formalities thereby completed. Wakefield, Spain, Symonds and Clarke immediately departed north on the Deborah (C2:11:60-61).{FNREF|0-86472-060-2|6.5.17|98}