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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

Native Land Court. Monday, April 20. — [Before Chief Judge Fenton and Henare Pukuatua (an Arawa Chief), Native Assessor.]

Native Land Court. Monday, April 20.
[Before Chief Judge Fenton and Henare Pukuatua (an Arawa Chief), Native Assessor.]

The first sitting of this Court which has been hold in Canterbury was opened at 10 o'clock this morning. The old Town Hall was crowded with Natives, and as many Europeans as could find standing room. Throughout the day much curiosity was manifested in the proceedings, as might well be expected from the fact that no sitting had before taken place under " The Native Land Act." A marked contrast was apparent between to day's sitting and those held from time to time in the North Island. There, the frequency of the sittings has taught the Natives that an observance of the strictest order is essential to the speedy adjudication of their claims; and if more confusion was created to-day than should have been, it is to be attributed to ignorance, not disrespect, on the part of some of the Natives. Although timely notice had been given in the Gazette, many of the claimants came into page 187Court entirely unprepared in the claims they sought to establish, occasioning thereby the waste of much time. At one period of the day the confusion was so great that the Judge was obliged to adjourn the Court for an hour, in order that matting might be put on the hall floor for the purpose of lessening the noise.

The cases set down for adjudication are of three descriptions. First, there are "succession" cases, or those in which the parties seek for orders to succeed their deceased relatives in the possesion of lands occupied by them iu their lifetime; the second order of cases is that in which tribes or hapns conteud for the possession of certain reserves made by the General Government in 1848, and subsequently; and the third class is made up of claims on the part of portions of the Natives to various sections in townships (not omitting Christchurch itself), which have even been conveyed to Europeans by the Government. The "succession" cases were proceeded with first of all. Mr. Mackay appeared to watch the proceedings, in some cases for the Crown, and in others for the Natives; Mr. Maxwell was sworn in as Interpreter; Mr. Wyna Williams cross-examined in cases where Natives claimed land held by Europeans by Crown grant from the Government; and Mr. Rolleston, Under Secretary for Native affairs, also took part in the proceedings.

At the opening of the Court, Mr. Wiiliams intimated that in the Port Levy case he appeared in opposition to the Kaiapoi Natives, and he had to apply for an adjournment, as he had not had time to look into the matter. The Chief Judge adjourned the case until Wednesday morning, and directed the "succession" cases to be called on. These were seven in number, and referred to sections in Kaiapoi. Hariata Pohata sought for an order of succession to Section No. 107, formerly held by Honi Pohata, deceased; Honi Hikana for an order to Section 27, formerly held by Tame Teio, deceased; Ramari for an order to Section 75, formerly held by Paora Tau; Wiremu Naihiri for an order to Section 19, formerly held by Marakaia Hape; Teoti Karatiti for an order to Section 102, formerly held by Pitama Karatiti; Reoni Te Meibana for an order to Section 37; and Hoani Maka Hape for an order to Section 43, formerly held by Ihaia Taibewa.

Hoani Maka Hape deposed: The piece of land I want to inherit is No. 43, at Kaiapoi. I live at Kaiapoi. This piece of land is held under Crown grants (produced). I am a nephew of lhaia. Ihaia has no children nor grandchildren. I am the eldest nephew. My uncle made a disposition of his property before he died. I have brothers and sisters. My hapu are agreed that I should succeed to the land.

The Court decided that the claimant could take an order of succession—no objection being raised by any Natives to Hape's possession of the land in question.

The other succession cases were called on but as none of the claimants had brought their Crown grants with them (some saying that they were in Mr. H J. Tancred's possession), the Chief Judge said he could not proceed with them. He would therefore adjourn them until next morning, so as to give claimant an opportunity of obtaining subpoenas for whatever witnesses they required. Claimants had better go to the lawyers for advice (as required by the rule of Court), for it was not his place to act in that capacity for the Maori people.

The cases were ordered to stand over accordingly.

Crown Cases.

The first of these cases called on was that in which Mikaera Turangatahi and Teoti Pita laid claim to the island of Ake Ake, at the mouth of the Waimakariri.

Mr. Wynn Williams opposed the claim on the part of the Crown.

Mikaera Turangatahi deposed: I belong to the Ngaitahu tribe. This land is at the mouth of the Waimakariri. There is a channel on each side; the land is in the middle. The tide ebbs and flows there; when it flows, the water is salt, and when it ebbs it is fresh. I believe there are 60 acres in the Island. There is a white man living on it. He owns both sides of the Waimakariri. The white man's house is on this land, and it is in cultivation. I don't know the white man's name; the Maoris call him Ringi. I believe that this land has never been sold by the Natives to the Government.

Cross-examined by Mr. Williams: I produce no plan of the land to-day. I do not recollect any deed being made on the 12th June, 1848, ceding the property to Mr. William Wakefield. The first person who brought this land was Mr. Kemp, then Mr. Mantell, and then Mr. Wakefield. I didn't understand the selling of land at the time, and I did not get up to make a claim to the land when it was sold.

Mr. Williams put in a deed ceding the land in question to Mr. Wm. Wakefield. A receipt for the balance of the purchase money was given in 1849. The island in question was included in the Deed of Cession.

Cross examination continued: The island is in the town.

Mr. Williams took objection to the claim, on the ground that claimant produced no plans of the land he laid claim to, as was required by the 25th Section of the Act. The claimant was, therefore, out of the Court. The land had been conveyed by Crown grant long ago, and the Chief Surveyor (Mr. Davie) could prove that it had been sold by the Crown. The Crown was altogether unprepared to answer the claims of Natives, as they produced no plans of the lands they laid claim to. It was, therefore, impossible to refer to the Chief Surveyor. With regard to the Christchurch claims, for instance, it was well known that the land had been conveyed to different parties by the Government, and therefore the claims of the Natives to any portion of the city were entirely frivolous. He had, therefore, to apply to the Court that the claimants should be called one by one, and asked to produce plans of their claims. If they could not produce plans, then according to the Act their claims must be dismissed; at all events, if the Natives chose to fight out their claims, it should be made known to them that in the event of their losing, they must pay the costs.

The Ake Ake claim was adjourned until next day, to enable the Crown grant being sought for. The Court dismissed a case in which the claimant said he would not pay the costs if judgment page 188were given against him. The next case was that in which Wikitoria claimed the timber off Te Motu-ai-karehu, Port Cooper

Mr. Williams said that the land was conveyed by the Maori chiefs by a Deed of Cession to the Government, and this was stated by Mr. Mantell, who was at that time Native Commissioner, in his report of 1849. That gentleman, however, gave the Natives permission to take the timber off the land. The Deed of Cession had been lost, and knowing that fact the Natives now came, not only to claim the timber, but the land. The Crown did not dispute their claim to the timber.

The Chief Judge dismissed the claim, on the ground that the Court had no jurisdiction over timber

Claim of Wikitoria, Pita Mutu, and others to lands in Purau, Port Cooper.

Wikitoria, deposed: I live at Kaiapoi. This land was reserved by Mr. Mantell. It belongs to us.

The Court here adjourned for an hour, and on re-assembling the Purau case was resumed.

Pita Mutu, sworn, deposed: I live at Kaiapoi. I know the Purau reserve. Wikitoria, myself, and others [named them] nave a claim to it. I don't know anyone who objects to my claim. The persons I have mentioned live at Kaiapoi and Port Cooper.

The Chief Judge inquired, (through Mr. Maxwell) if any Natives in Court objected to Wikitoria and Pita Mutu's claim.

Several Natives at once replied in the affirmative. They laid claim to the land in question through their ancestry. They admitted that it was a reserve, but the persons to whom it was made were all dead. Those who now made a claim to the reserve were "new" people as well as themselves. It was Mr. Mantell who made the reserve.

The Chief Judge inquired if this claim was not a part of the great Port Levy dispute, which he had heard of.

Mr. Williams and Mr. Cowlishaw (both of whom are concerned in it) replied in the negative. Pita Mutu, in reply to the Court, agreed that the disputants had a claim, but the reserve was so small that there would not be room to place them all upon it.

The Chief Judge inquired what the size of the reserve was.

Mr. Cyrus Davie replied that it comprised about ten acres.

The Chief Judge (addressing Mr. Mackay) said it seemed to him that this was a case in which the agency of the Government might do something out of Court.

Mr. Mackay said he could arrange the case out of doors, if the Court allowed him to do so.

The Chief Judge said he would have the case called on before the close of the session. In the meantime, Mr. Mackay could endeavour to effect a settlement—of course admitting those parties only who had appeared that day in respect to the claim.

Claim of Himiona Pohatu To Maruia, Ko Manuoka.

The claimant deposed: I live at Kaiapoi. This land is on the boundary of the Nelson Province. I have not seen the land; I have only heard of it. Some of the Maoris on the West Coast have sold it, but I have received none of the purchase money. I was not present at the time the land was sold. I heard there was a deed signed. Perhaps Mr. Mackay knows something about it.

Mr. Williams said be could produce the deed.

Cross examined by Mr. Williams: A long time elapsed before I heard of the sale.

By the Court: It is a thought of my own that it is right for any Native who has not received any money for land sold to Government, to put in his claim to have it adjudicated upon.

Mr. Mackay informed the Court that the purchase of the land in question was made by his cousin, Mr. James Mackay, in 1860.

Mr. Davie produced a plan of the land conveyed to the Crown.

Cross-examination resumed: I was living at Kaiapoi at the time Mr. Mackay purchased this land from the West Coast Natives. We heard Mr. Mackay was going to extinguish the claim to this land by the Natives, and we expressed a wish to go with him to the West Coast. He said we would get no money; that the only persons who would get money were Paora Tau and his tribe. I did not hear that Mr. Mackay asked them to go over with him to the West Coast and that the Kaiapoi Natives refused. If Mr. Mackay had invited me to go, I would have gone, but not without invitation. I was not present at the time Mr. Mackay talked to the Natives at Kaiapoi. I am a chief of that land, and why should Mr. Mackay speak to Paora Tau and not to me? Mr. Mackay spoke to Paora Tau alone, at Kaiapoi. The West Coast Natives have a claim to a portion of the land at Kaiapoi. If they brought a claim into this Court for their share of Kaiapoi, I would not object. I don't know what portion of this land was paid for.

The Chief Judge said that this land had been proved to be included in a deed to the Crown. The Court had no jurisdiction, and the claim must therefore be dismissed. At the same time, the Natives must understand that this Court was quite distinct from the Government of the Colony; and if they thought that an injustice had been done, they could write to the Government and ask for some inquiry to be made.

The claim was dismissed.

Mr. Williams paid that the other cases on the list, in which the land had been conveyed by Crown grant, should be dismissed, or the claimants be prepared to pay the costs if they disputed the opposition of the Government.

The claim of Hakopa Te Ata otu to Tawera, Katapere (Canterbury) was dismissed.

A great many Natives left the Hall at this stage of the proceedings.

Mr. Williams thought that perhaps the best course to pursue, to prevent ill-feeling, would be to give leave to claimants to withdraw their claims; for it was clear that the Court had no jurisdiction where land had been conveyed by Crown grant.

The Chief Judge said he would call no more of the cases that day, but would leave it to Mr. Mackay to inform the claimants of their position.

page 189

Reserves.

The claims to reserves made to the Natives were next proceeded with. The first called in was that in which Wereta Tainui claimed the Kaekaenui reserve, Kaiapoi.

The claimant deposed: I live near Kaiapoi. I am sole owner of this land. I have no wish to sell it. I wish to leave it to my children and grand-children.

The Chief Judge inquired if any Natives in Court objected to a Crown grant being issued for this reserve to the claimant.

Turakina, Pirihita Waitohi, Hera Pokokehera, and Matana Piki objected. Turakina said the land belonged to the whole of the tribes.

Wereta Tainui stated that he received the land from the Government. Mr. Mantell gave it to him as a reserve.

The Chief Judge: Why did you not get a subpœna for Mr. Mantell?

Wereta: I heard that he was coming here.

Turakina said he was not aware that Mr. Mantell had given this land to Wereta, but as Wereta had sold another reserve on the Waimakariri, and kept the purchase-money, he (Turakina) thought that himself and the others who objected were entitled to the Kaekaenui reserve.

In reply to the Court, Mr. Rolleston said that Mr. Mantell was expected to arrive by the next steamer from the North.

The Chief Judge said he could proceed no further with the claim until Mr. Mantell arrived.

The next claim was that of Rawiri Maire to the Kaiapoi reserve.

Mr. Rolleston said the Moeraki Natives had not reached town yet; they were on the road.

The claim was ordered to stand over.

Claim of Hone Paratene to Rapaki, Port Cooper.

The claimant deposed. I live at Kaiapoi. This land is a reserve at Port Cooper. The map is with the persons who live on the land. The Kaiapoi Natives have a claim to the reserve.

Wiremu Naihira deposed: I live at Kaiapoi. I know the land at Rapaki. Hurangi, who is now dead, was one of the owners, (named seven other owners who are alive). The land is now in one piece, and we wish it to be divided among the different claimants, and each to have a Crown grant. There are about 50 claimants to the reserve altogether. I want 50 Crown grants. I do not know the name of the hapu of the opposing party. I know Iharaira; he has a claim to this land. I don't know what hapu Iharaira belongs to. There are some Surveyors who would cut up the land for a shilling an acre. We have not made any sub-division of the land amongst ourselves; we want the Court to do so. We wish every claimant to obtain an equal portion of the block. The land should be cut in pieces from the beach upwards. We have not talked this matter over amongst ourselves. If a Surveyor now came down to survey the land, the Natives would quarrel amongst themselves. If the Court sent down Surveyors, the Natives would agree. The persons who now occupy Rapaki wish to keep it amongst themselves, and Lot to have it cut up. They do not want to let the Kaiapoi people in. The Rapaki Natives received 14 acres each, when Kaiapoi was divided. The Rapaki Natives were let in at the sub-division of Kaiapoi, in order that it might be a precedent; but now they refused to allow the Kaiapoi Natives to come into the reserve at Rapaki.

Mr. Mackay said this was merely a pretentious claim advanced by these people.

The Court adjourned at 4.15 until 10 a.m. this (Tuesday) morning, when the hearing of the Rapaki claim will be resumed.