THE TREATY AND ITS TIMES CHAPTER 20. MY HEART IS DARK

From 1840, the issue that had flared most constantly was the matter of Spain’s hearing land — in particular that claimed by the . Land into the Port Commissioner William Spain had arrived in Hobson’s time to investigate Nicholson Company land claims, the most important of which was their claim to land Purchase in and around . of the Company had been counting on a token enquiry: but it was to turn into a drawn-out affair spanning two long years. It was finally nearing its end by the time FitzRoy arrived.

To look at this protracted affair, we need to wind the clock back to 15th The hearing May 1842, the date Spain started his hearing in Wellington into the validity starts: May 1842 of the Port Nicholson Purchase. For his interpreter, translator and advisor on Maori customs, he was totally dependent on George Clarke jnr, the newly-appointed 17-year old sub-Protector. Even before the hearing began, Wakefield asserted that title should be granted because of the 1841 Pennington Award. Spain’s response was blunt: that could be possible only if the orginal title was valid. For Wakefield it was an ominous start. To start the hearing, Wakefield produced only four witnesses: himself, The first Edward Jerningham Wakefield, Dr Dorset and the Maori chief Te Puni. On witnesses from questioning, Te Puni said he agreed with the purchase, and ‘some were the Company satisfied, others were not’. Spain now asked for more witnesses, and Wi Tako of the Kumutoto pa gave evidence in place of the Ngauranga chief, Te Wharepouri. Wi Tako admitted signing the 1839 Port Nicholson deed because Barrett had told him, and those present, to write their names in the deed ‘that they may go to England, that the Queen may see them’. And although he had then accepted payment, he considered it had been for the Tory’s anchorage in the bay, his rights to land at Piti-one and as a wedding present for Te Wharepouri’s sister. Wakefield then refused to call further Maori witnesses and he and his Counsel tried to delay further proceedings, evidently hoping for a political solution. Undeterred, Spain called other Maori witnesses and ‘virtually without Spain calls exception, [they] denied the Company’s claims’. When called, the chiefs witnesses from the Te Aro, Pipitea, and Kumutoto pa repudiated the purchase. As Spain describes it: ... after I proceeded to call native witnesses as to the Port Nicholson case, my proceedings were constantly embarrassed and delayed by the counsel of the Company failing to bring before me natives, living in the neighbourhood, who had been parties to the conveyance to the Company of the Port Nicholson district, and daily keeping me

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