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

Wednesday, May 6. — [Before Chief Judge Fenton, and Honare Pukuatua (an Arawa Chief), Native Assessor.]

Wednesday, May 6.
[Before Chief Judge Fenton, and Honare Pukuatua (an Arawa Chief), Native Assessor.]

The hearing of the claim of Horomono Pohio and others was resumed, Mr. Williams appearing for the Crown.

Mr. Mantell examined: I am not quite sure whether the reserve I made at Arowhenua covered the whole of the plantations there. It is possible that some of them were left out with the permission of the Natives. The cultivations were chiefly roofs. Tarawhata was endeavouring to cultivate a field of wheat. When the reserves were made by me I sought to impress upon the Natives that they were sufficient. I reported to the Government that they were sufficient, but I cannot say that the Natives considered them sufficient. The reserves in every case exceeded the cultivation under crop; they covered a greater area than the cultivations. A Native would have under cultivation three times more land than he would have under crop at any time. I am not prepared to say that the reserves made by me actually covered three times more land than the Natives had under crop. I think now that the reserves ought to have been made larger. I do not think the Arowhenua reserve is sufficient. The population was 86 at the time I made the reserve. If the population and the reserve are now the same I think the reserve is manifestly insufficient. I am now better able to judge of the requirements of the Natives than I was then. In my opinion the reserve ought to be increased to double what it is now. It was certainly not, understood that the Natives should have all their eel weirs. I told them that they could use them so long as the Government did not require them for purposes of general settlement. Kemp's Deed is mentioned in my instructions, but I was not to be guided by it. (Instructions read.) I was to make fresh reserves, and I did so, making what I deemed sufficient, after consulting Colonel M'Cleverty, but I do not think them sufficient. I have not said they were page 217sufficient for the honour of the Crown, but for the Natives to live on. Colonel M'Cleverty held a high official position.

Mr. Williams said he thought the only question was as to the additional quantity of land to be given to the Natives.

Mr. Alexander Mackay examined: 600 acres were originally reserved by Mr. Mantell at Arowhenua. No land was reserved at Waimatemate, but 40 acres were given by the Canterbury Association, and an addition of 150 acres was made by the Government. At Waitaki, Mr. Mantell reserved 13 acres, and 10 acres have since been added, making 23 acres on the north side of the Waitaki 376 acres were originally reserved by Mr. Mantell on the south side. The average would barely be seven acres a head at Arowhenua, and nine acres at Waimatemate, including Waitaki. The cultivations were limited in extent. Before the addition was made, the Maoris were in a state of semi-starvation, and they are now hedged in by the Europeans, so that their resources of food are cut off. At Waimatemate, the population is 76. The land added would not be sufficient. I think if they were awarded five acres, each in addition to what they have already got at Waimatemate, it would be amply sufficient, and seven acres at Arowhenua, making an average of 14 acres per head.

Judgment was deferred until the hearing of the other cases had concluded.

Kaiapoi Claims.

The Kaiapoi Natives claimed for eel pahs, five acres at Tairutu, ten near the Kowai, ten at Saltwater Creek, ten between Kowai and Waipara, ten near Tairutu, and ten at the mouth of the River Avon.

Mr. Mackay deposed that the population of Kaiapoi was 176. The average acreage per head, when they had got the 650 acres promised by the Government, would be 12 acres. He thought they should have a further addition in lesser proportion than the Arowhenua and Waimatemate people, as they are better off in condition.

Wiremu Naihera appeared to represent the Kaiapoi people, and gave evidence as to the claim.

The Court adjourned for an hour, resuming at 1.40.

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.