No. 10.
The Hon. Mr. Domett's memorandum on the above, telegraphed to the Hon. J. Hall, at Christchurch.

The Chief Judge (sitting April 24th), said he "had a proposal to make to the Crown Agents, which if consented to, might end the case." I think this proposal should be communicated to Government before anything is decided, with respect to making "future" (by which I understand), fresh reserves. I cannot see that the Natives have any right to them. Mr. Mantell made reserves after much negociation and consideration, which Mr. Hamilton, years after, though evidently very favourable to Native rights and claims, seems to have considered "very ample" (vide Appendix to House of Representatives C. No. 3, P. 33), Mr. Hamilton would not agree to give more reserves, but got them paid more money. Mr. McLean approved all his proceedings, and Government also. They have been constantly treated as final.

The present dispute seems to have arisen out of the partition of the Kaiapoi reserve (2640 acres valued by Mr. Hamilton, at £40,000, the timber alone being sold at £35 per acre, and there were 1000 acres of timber land), by Mr. Buller, who cut up the reserve and gave about one-third of the sections (considerably over 100 acres in all), to Rapaki Natives; now the Kaiapoi Natives claim a share of the page 185Rapaki reserve in return, alleging that Mr. Buller said his mode of division of the Kaiapoi was to be a precedent for the others, Buller meaning no doubt simply that the other reserves would be sub-divided, and the title to them individualized as had been done with the Kaiapoi reserves, not that because Rapaki Natives had had lots at Kaiapoi, Kaiapoi Natives should have lots at Rapaki, or of the Rapaki reserves.

Nevertheless, to settle the case if Mr. Rolleston can show that the Government is in any way pledged, in order to fulfil its contracts to make more reserves, I would recommend that they be made to a moderate extent. The Province is greatly concerned as the reserves will have to come out of what (if there be no contract), is Provincial land. I would advise Mr. Rolleston to define his proposal in detail, and give what reasons he can in support of it.