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

Friday, May 15. — [Before Chief Judge Fenton, and Honare Pukuatua (an Arawa Chief), Native Assessor.]

Friday, May 15.
[Before Chief Judge Fenton, and Honare Pukuatua (an Arawa Chief), Native Assessor.]

His Honor the Judge, and the Native Assessor took their seats at 10 o'clock.

The claims of the descendants of Taiaroa and Karetai, to the Papanui block, were considered.

George Grey Taiaroa, and Korako Turamaka Karetai, were, examined, and objectors were called upon to oppose the proposed division and sub-division of the land. There was no opposition.

Mr. Thomson, Chief Surveyor, was called. He said that he objected to sign the maps, on the grounds that there was no connection with prior surveys proved, the calculation of traverses was not shown, and a form which he considered necessary had not been filled up. He afterwards stated that his objection only applied to the sub-divisions, and it was understood that he would sign a map having reference to the boundary. The cases were adjourned until Monday next.

Claim of Tioti Te Wahie and others.

These claims were for lands on the Purakanui reserve. Mr. Macassey appeared for the claimants; Mr. Turton for the Crown; and Mr. Haggit, senior, for the Provincial Government.

Mr. Macassey said that during the case the question of the division and sub-division of the land already reserved would arise, and that the subject of granting further reserves would come up. The land was bought by Mr. Commissioner Kemp, the purchase being completed, and the reserves allotted, by Mr. Mantell. The deed under which the land was sold was peculiarly worded, and from its terms it would be seen that there was to be a subsequent setting aside of land for Native purposes. The following evidence was given:—

Walter Mantell: I was for a number years Commissioner of Crown Lands and Commissioner for for the Extinction of Native Titles. I came here to attempt to obtain the cession of a large block of land between Kaiapoi and Otago Heads, and to complete an incomplete purchase effected by Mr. Kemp. The deed produced was given to me by the Government, as Kemp's covenant, and it was recognized by several of the chiefs who had signed the deed. The whole of the purchase money was not paid at that time, but I afterwards paid it. [The deed was read by the Interpreter.] My appointment as Commissioner of Crown Lands, was subsequent to the last payment. I made two reserves at Purakanui, in 1848. The map produced is a copy of the original plan of the reserves. I gave it to the Natives at Purakanui, in December, 1848. The note in my writing on the plan is to the effect that the reserves were for the Ngaitahu tribe. When I arrived at the place I took the census. My rule in calculating what quantity of land I would give the tribes, was, that I allowed each man, woman, and child, ten acres. The allowance in this case appears to be but six acres, the acreage being 270, and the population 45. To Natives in other districts I was, in some instances, compelled to allow more than ten acres. I produce an instruction given to me by Lieutenant-Governor Eyre. The reserves marked on the map comprise more land than the houses and cultivations covered. By cultivation I mean lands under actual crops. In making the allowance, I tried to allow as little as the Natives would agree to take. The reserves I then made were intended for present wants. I left it to be determined [gap — reason: illegible] some future time what allowance should be made to them. The idea of allowing ten acres per head was taken from Colonel M'Cleverty, an experienced man in Native affairs. When I made an allowance of the land, it was not so much under the clauses of the deed as making provision for their immediate wants. I do not know if the Natives are increasing. I was instructed by Governor Eyre verbally to make certain promises to the Natives of what the Government intended to do for them, in addition to paying for the land. I made this representation, and it had great weight with the better thinking Natives in making them come in under the deed. I often told them that, if page 229they were not satisfied with my reserve, they could appeal to the Government. The promises I made to them by Governor Eyre's instructions, were that future reserves would be granted to them. In justice, I think they are now entitled to a minimum of 14 acres per head. That is what I would allow, if I were a member of the Government.

Mr. Haggitt asked that the case might be adjourned, in order that he might have an opportunity of looking into it.

The Judge said he could not at present see under what authority Mr. Haggitt appeared. The Provincial Government could have no claim to the land

Mr. Haggitt said there was a dispute as to boundaries.

The Judge: That question may arise in other cases. I cannot yet see how it does in this.

Mr. Haggitt, senior: The Provincial Government derive revenue from all the lands of the Province.

The Judge: But the Provincial rights are derived from the Crown. However, you can state on what authority you appear at the next sitting.

The Court was adjourned until 10 o'clock on Monday morning next.