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

Claim of Irai Tihau and others

Claim of Irai Tihau and others.

The claimants asked to have given to them 250 acres at Taumutu.

Irai Tihau, deposed: I live at Taumutu. Pohau and myself are the chief men at Taumutu. I don't know exactly how many acres have been reserved there; I think about 40 acres. I ask for 250 acres more. This piece that I claim is three chains and a-half distant from the place where we live. We wish to have two acres reserved for an eel weir.

Mr. Williams objected to this being made a Native reserve; they would make it a reserve generally. The spot which the Natives wanted, might hereafter be required for the drainage of the country. The Government would allow the Natives to make use of it in the meantime.

The claimant was informed of the terms on which the Natives would be allowed to use the reserve, to which he expressed consent.

After some discussion, the Chief Judge gave the following judgment on the claims included in the order of reference:—"The Court gives its opinion that Mahainga kai does not include Weka preserves, or any hunting rights, but local and fixed works and operations. Under the reservation clause of the contract, we are prepared to make order for the pieces of land and easements which have been agreed to by the Crown. As to the clause, providing that the Governor would cause to be marked out other land for them besides, the Court feels altogether led by the evidence of the Crown witnesses. Whatever may be the demands of the Natives under this head, we think that in interpreting the contract clause, we are bound under the terms of it by the Crown witnesses. The discussion rests purely in the Crown, and accordingly we entirely follow them. At the same time we ought to express our opinion that the concessions of land, proposed to be made according to the testimony, go as far as a just and liberal view of the claims would require. We think the quantity to be provided, including what has already been set apart, should be 14 acres per head, and are prepared to make order accordingly. The Natives must sign a release of their claims under these clauses; and any persons refusing to sign the general release, not to be entitled to any interest in the above order.

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