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

Thursday, April 30. — [Before Chief Judge Fenton and Henare Pukautua (an Arawa chief), Native Assessor.]

Thursday, April 30.
[Before Chief Judge Fenton and Henare Pukautua (an Arawa chief), Native Assessor.]

The Court opened at 9.30.

Claim of Te Onepere.

Since this claim was entered, Te Onepere died, and the proceedings were taken up by Aperahama Te Aika, a relation. The land which he claimed is situated near the Horse-shoe Lagoon, River Avon.

Mr. Williams opposed the claim on behalf of the Crown.

Aperahama Te Aika deposed that the land which he claimed was formerly used by him as a fishing encampment, also as a burial place. He had no map of the land.

Mr. Williams said that Mr. Davie informed him that the block contained nearly 1000 acres. It had been sold by the Government and Crown granted.

The Chief Judge (through the Interpreter) informed the claimant that his claim must be dismissed in the absence of a plan.

The claimant wanted to know what he would do with regard to the bodies which had been buried in the land.

Mr. Davie stated that he had seen no indications of a burial place on the land in question. With respect to a plan, the Land Office had often furnished plans to Natives when requested to do so.

The claim was dismissed.

Claim of Hakopa Te Ata otu.

This was a claim to Otautahi, Christchurch.

Mr. Williams, on behalf of the Crown, said that the land claimed had been Crown granted.

The claimant stated that he was aware that the land had been Crown granted to a European.

The Chief Judge said he must dismiss the claim, as the Court had no jurisdiction over lands which had been Crown granted.

Claim of Henare Pereita.

Mr. Williams said that this was a claim for nearly half of the land between Christchurch and the Selwyn. The land had been Crown granted.

The claimant, in reply to the Court, said he wished to drive the Europeans off the land.

The claim was dismissed, as was also that of Hapakuku Kairua to Taitapu, Christchurch, on the ground that the land had been Crown granted.

Claim of Tame Tarawhata and others.

This was an application for a certificate of title to the Rakipaua reserve, Arowhenua, Timaru.

Mr. Alexander Mackay produced a tracing of the land which the Natives wished to have a title to; also a list of Natives to whom it was agreed that a certificate of title should be issued. The list had been prepared by the Natives.

Ripini Kuri objected to some of the names in the list, on the ground that one of them belonged to the North Island, and others to Port Levy.

The Chief Judge referred the list to the claimants for amendment

Claim of Tare Tikao and others.

This was an application for a certificate of title to the Opukutahi reserve, Akaroa.

Mr. Mackay produced lists of the persons claiming title to the land, and those to whom it was agreed the certificates should be issued.

There being no objection on the part of any of the Natives, the Court issued a certificate of title to those named in the list.

Claim of Heremaia Mautai and others.

This was an application for a certificate of title to the reserve at Wairewa.

Mr. Mackay stated that the reserve in question was made by Mr. Hamilton, in 1856.

Mr. W. J. W. Hamilton deposed that in 1856 he was acting on behalf of the Government, as Commissioner for extinguishing Native claims on Banks' Peninsula. Recollected making the Wairewa reserve; 400 acres were agreed on as the quantity of land which the reserve should consist of. Heremaia Mautai's signature is attached to a postcript in the deed, in which he distinctly agreed that page 209the Queen's roads should be cut through the reserve. In order to allow for roads, and the waste occasioned by river beds, the reserve was increased to 440 acres. His (Mr. Hamilton's) desire was, that the Natives should have 400 clear acres. He did not buy these 400 acres and then reserve them afterwards. The land was reserved by the Natives themselves out of what they coded to the Crown.

Mr. Williams said that a tramway had been marked out on the reserve by the Provincial Government, and it was necessary that it should be excluded from the Crown grant. An agreement had been come to by the Natives and the Government. If it were included in the Crown grant, the Natives might turn round and say to the Government that they could not have the land for the purposes of a tramway unless they paid them so much money. If by doing so it would not be travelling beyond its jurisdiction, he would ask the Court to make an order to the effect that the Crown grant should not be issued until the Natives conveyed the track to the Government according to agreement.

Heremaia Mautai said he was aware that it was agreed the Government should have the land for the tramway. Mr. Hall did not pay the Natives for the land, he only paid them £20 for the trees, not for the road.

Mr. Davie stated that the Natives had agreed to give the track to the Government, in consideration of them being allowed the wood and a sum of money which had been paid to them. The tramway had been made.

Mr. Williams hoped the matter would be settled now.

The Chief Judge said that the matter would be made an order of reference under the 83rd Section of the Act, and he apprehended the Court could make any order it pleased. It could direct that a Crown grant should be issued for the land taken for tramway purposes, to the Superintendent. The Court would hear evidence of the agreement entered into by the Natives and the Government with regard to the track.

The case was adjourned until a later stage, in order that the memorandum or agreement might be produced.

Mr. Williams subsequently produced the agreement made between the Hon. John Hall and the Natives. It was to the effect that the Government would pay the Natives £35 as compensation for timber standing on the one chain wide reserve for the tramway, the Natives having been led to expect, at the time the Wairewa reserve was made, that the timber would remain their property; it being clearly understood that the Natives should remove all timbers on other roads, whenever required to do so by the Government. He would therefore apply to have the land reserved, for the tramway and roads conveyed by Crown grant to the Superintendent.

The Chief Judge acceded to the application; and issued a certificate of title to the remainder of the reserve, to those named in the list.

Claim of Wiremu Naera Te Ao and others.

This was an application for a certificate of title to the Onuku reserve, Akaroa.

Mr. Hamilton deposed that he had made the reserve in question, allowing 26 acres for roads.

Mr. Mackay handed in a list of.Natives having a title to the reserve, and a list of those to whom it was agreed the certificate of title should be issued.

Mr. Williams applied to have a limitation clause inserted in the Crown grant, reserving the 26 acres for roads.

The Chief Judge granted a certificate of title to the claimants, conferring power on the Crown to take 26 acres for the purposes of road making within five years.

Claim of Kiriona Pohau and others.

This was an claim to the Wai-wakaheke-tupapaku reserve.

Mr. Mackay produced lists of the Natives having a title to the reserve, and those to whom it was agreed the certificate should be issued.

The Court issued a certificate of title to those named in the list.

Kiriona Pohau and others, applied also for a certificate of title to the Taumutu reserve.

The Court made a similar order to that made in the previous case.

Certificates of title were issued to lands in several cases where there was no opposition.

The Court adjourned until 10 o'clock on Friday morning.