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The Pamphlet Collection of Sir Robert Stout: Volume 63

Copy of judgment given by Judge Rogan, at Cambridge, which excludes Ngatiraukawa from participating in the ownership of the lands of their fathers, on account of migration to Cook's Strait, from 40 to 50 years ago

page cxxxii

Copy of judgment given by Judge Rogan, at Cambridge, which excludes Ngatiraukawa from participating in the ownership of the lands of their fathers, on account of migration to Cook's Strait, from 40 to 50 years ago.

The Court then proceeded to give the following judgment on the claims to Pukekura, Maungatautari, and Puahue :—

"The claims preferred by the Ngatiraukawa tribe, who reside at Otaki, to the land called Pukekura and Maungatautari, containing respectively 8393 acres and 5491 acres, having been formally abandoned by Parakaia in Court, on Saturday last, certificates will be ordered in favor of Te Raihi, &c., &c., (here follow the names) for the block of land called Maungatautari.

With regard to Parakaia's application for an adjournment of the hearing of Puahue, after all the claimants and counter-claimants had been heard, it may be stated that an offer was made to Parakaia to adjourn the Maungatautari cases, if he and his people would return to Rangitikei; but this he declined to accept. This application, therefore, cannot now, after hearing, be admitted. The reason now assigned by him is not, in the opinion of the Court, sufficient reason for granting the application.

The claimants to Puahue acknowledge that the land formerly belonged to Ngatiraukawa, who left the district about 40 years ago, in consequence of continual war between the Ngatimaru and Ngatiraukawa tribes; subsequently Ngatimaru occupied the district, and a war ensued between the Ngatihaua and Ngatimaru tribes, which resulted in the defeat of the latter tribe, who returned to the Thames, and the country has been held by Ngatihaua to the present time. This claim is, therefore, simply of right acquired by conquest followed by constant occupation.

The counter-claimants' title to the land is derived from their ancestors. They state that they were not driven from the country, also that they were invited to return from Kapiti and re-occupy their lands by the Wherowhero and other Waikato chiefs.

It is undisputed that the Ngatiraukawa tribe left the district, that Ngatimaru took possession, and were expelled by Ngatihaua and Waikato tribes. It is also clear that the Ngatiraukawa, as a tribe, did not avail themselves of the alleged invitation of Wherowhero, as they still remain in occupation of the land to which they have migrated.

They now request the Native Lands Court to give them re-possession, but the Court considers that a tribe having conquered and having undisputed possession of a district for many years previous to the foundation of the colony, and up to the present time, are, according to native custom and page cxxxiii justice, entitled to be recognised as the proprietors of the land. The decision of the Court is therefore in favor of the claimants.

A certificate of title will be issued in favor of—(here follow the names)."