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Reports of the Native Affairs Committee, 1889.

No. 112, 1889. —Petition of Tuangahuru Whanganui

No. 112, 1889. —Petition of Tuangahuru Whanganui.

Petitioner states that a block of land called Manawatu-Kukutauaki, situated at Horowhenua, which belonged to his uncle Karepa Tehu, deceased, has been wrongly awarded to one Riperata Pini by the Native Land Court. He now prays that a rehearing of that land may take place.

I am directed to report as follows: That, from the evidence of Ropata Ranapiri, who appeared on behalf of the petitioner, it is shown that the petitioner claimed sole successorship to Karepa Tehu, a deceased owner in the Manawatu-Kukutauaki (No 4 d) Block, upon an application made for that interest by Riperata. It is also shown that the petitioner was the nearest of kin to the deceased. The Court, of which Mr. Puckey was Judge, decided that both the petitioner and applicant should succeed. The petitioner strongly objected to Riperata sharing in the successorship, and, as a protest, refused to allow his name to appear in the order, preferring rather to apply for a rehearing. Judge Puckey, upon this, struck out his name. A rehearing was applied for, but refused on the ground that the petitioner had agreed to have his name struck out. It is also shown that the petitioner was the proper person to succeed, being the nearest of kin. This Committee is of the opinion that Judge Puckey was wrong in excluding the petitioner from succession, notwithstanding his refusal to join with Riperata, the duty of the Court clearly being to ascertain the nearest of kin and award accordingly; that the Chief Judge was wrong in refusing a rehearing on the ground expressed. Therefore, under the circumstances, this Committee would recommend the Government to provide the legislative remedy necessary to meet the case.

22nd August, 1889.