No. 173.—Petition of Robert Cooper.

Petitioner states that in the month of May, 1877, he purchased from the Maoris certain blocks of land in the County of Cook, and that the surveys thereof were throughout conducted with the knowledge and consent of the Government. The petitioner further states that he has been unable to complete his title to the land because of a caveat lodged by the Government to the effect that the said lands were included in a Proclamation issued by the Government in accordance with "The Public Works and Immigration Act, 1871," and prays for relief from losses he has suffered in consequence.

I am directed to report that the Committee have found the matters raised by this petition, and the circumstances surrounding it, of an exceedingly complex character; and it is only after much patient consideration that they have arrived at what they believe to be a just conception of the case.

With regard to a block of land referred to in the petition, comprising Ngatawakawaka, Puremungahua, and Matatuotonga, the Committee find that the land had been proclaimed as being required for public purposes under the 42nd section of "The Public Works and Immigration Act, 1871." page 17They also find that the Government had negotiated for its purchase, and had paid money under an agreement for such purchase, and, further, that the money was paid to, and the agreement made with, the persons to whom the land was afterwards awarded by the Court which adjudicated upon the title. It appears that the Government were prepared to complete the payment for the laud within nine days of the time at whieh the Court determined the title, and that Mr. Cooper's attempt to purchase was made almost immediately after the Court gave its decision. Mr. Cooper asserts that he did not know at that time that the land had been proclaimed, and was equally ignorant that money had been paid by the Government upon it. The Committee cannot understand this want of knowledge on the part or Mr. Cooper, and have arrived at the conclusion that his so-called purchase was an improper transaction, and, being bad in law, was equally so in equity.

The block of land known as Waingaromia No. 2 stands in a different position. The negotiations for the purchase of this block by Mr. Cooper, and negotiations by tho Government for the purchase of a larger block called Tauwhareparae, appear to have been going on at the same time, and these blocks respectively overlapped each other to a large extent. The block of land under negotiation by the Government had been notified in tho Gazette of 4th March, 1876, as being required for public purposes. At a sitting of the Native Land Court held in 1876 the title to these blocks was investigated, and it appears from the decision of the Court that the persons with whom Mr. Cooper had negotiated were the principal owners of Waingaromia No. 2. It seems on the other hand that the persons with whom the Government had been in treaty for Tauwhareparae, and to whom payments had been made, were not owners of that portion of it known as Waingaromia No. 2 (the block claimed by Mr. Cooper), except to a limited extent. In consequence of the decision thus arrived at by the Native Land Court, an order was made for the issue of a memorial of ownership, and this order is still in suspense, the memorial of ownership not yet having been issued. Immediately after the decision of the Native Land Court as above stated, and within the period prescribed by law, applications for a rehearing were made by persons dissatisfied with the decision of the Court. These applications were in due course referred to the Chief Judge of the Native Land Court, who, after consultation with the presiding Judge, reported to the Government that the rehearing ought not to be granted. The Government, however, have not yet decided whether or not a rehearing shall be allowed, and this non-determination on the part of the Government appears to be the reason why a memorial of ownership has not yet been issued. In the meantime any attempt on the part of Mr. Cooper to deal with the land under the Land Transfer Act is barred by a caveat which has been entered on behalf of the Government.

The Committee are of opinion that nothing can be worse than the state of suspense in which all the parties to this case are situated at the present time, and therefore believe that steps should at once be adopted to put an end to it.

The Committee recommend (although they have arrived at this conclusion with some reluctance) that, as a means to this end, the rehearing for which applications have been made should be granted by the Government, and an early day fixed for the sitting of a Court to rehear and determine the claims in connection with the land to which a title is asserted by Mr. Cooper.