As to Subdivision XIV.

Now I come to Block XIV, about which so much has been made on the other side, the three agents having brought all their heavy artillery to bear upon it.

The evidence on both sides is, I submit, clear and conclusive.

It is perfectly clear, I think, that Block XIV. was originally marked off at Kemp's instance to fulfil his promise to Sir Donald MeLean that he would provide for the descendants of Te Whatanui, and was afterwards rejected by them in favour of Block IX., which was accepted in lieu of it. It is equally clear that Block XIV. was subsequently awarded by the Court to Major Kemp in his own right, and, that he has remained in undisturbed possession of it ever since.

To begin with : Judge Wilson has given very positive evidence. On being asked by me whether he did not say in the Supreme Court at Wanganui, "As to Block XIV.—that was for Kemp himself, "he replied," Yes; I knew it was for himself. I am certain of it. It; was for himself as having administered the larger block—for himself as the chief. I am quite sure that this was given to him by the tribe—taken by him, and given to him. That was the arrangement."

On cross-examination by Mr. McDonald, Judge Wilson said, "He got this for himself—as his own land. It was very necessary that I should be particular in my enquiry where a chief was claiming for himself." And, under cross-examination by Mr. Fraser, Judge Wilson said, " It was stated emphatically in Court that No. XIV. was given to Kemp with the consent of the tribe, and an order was make accordingly. It was clearly stated and understood in Court Examined by the Chairman, Judge Wilson added, " I am perfectly sure that No. XIV. was given to Kemp for his own individual use freed from all restrictions, to do what he liked with."

After hearing Major Kemp's evidence, which was read to witness by the Chairman, Judge Wilson said, " I" still say that I am sure No. XIV. was to be given to Kemp alone. It was one of the last blocks dealt with. It came after No. X., and after No. IX. had been fixed for the descendants of Te Whatanui. The arrangements spoked of by Major Kemp must have taken place out of Court before the order was made. Nothing of the kind was said in Court. I am sure of that. My memory is quite clear about this."

Major Kemp, in re-examination (on 7th April) said, " The first cutting off of land for Te Whatanui's descendants was outside the Court. Judge Wilson would know nothing about it. It did not go before him."

On re-examination by myself, Judge Wilson re-affirmed that the 1200 acres which he understood to be the block now shown on the map as No. XIV., was given to Major Kemp by general consent of the owners, as his own individual share of the Horowhenua Block, to do what he liked with.

Although Judge Wilson was called by me, I had no conversation with him on the subject before he went into the witness-box—indeed he declined to see me till after he had given his evidence. And, as to remove any ground of suspicion that he was speaking in my interest he said, in reply to the Chairman, "I am quite disinterested. I knew nothing about any dealings with Sir Walter Buller in relation to this block till last Wednesday."

In his examination in chief Major Kemp made what appeared the time like an admission of an implied trust; but on re-examination by me afterwards he said this:—

Q. Now with regard to Block XIV: you said in answer to the Chairman as to whether you considered yourself a trustee or owner, that the land was yours- page 23 that you were the rangatira and you were in the Crown Grant. Can you point out those who are (as you said) "in your heart " ?

A. If one behaved badly I have the power to put him out.

Q. In this respect are you owner or trustee of this land ?

A. This land is mine, but I remember those that are left of my brethren and relatives.

The four persons mentioned by him as those for whom he would have consideration are Raniera Te Whata, Waata Tamatea, Arahia, and Ngahuia. Raniera and Waata have both come before the Commission in Major Kemp's absence and sworn that they have no rights whatever in No. XIV. As to the women—Arahia and Ngahuia—they are not in the Certificate of Title of 1873, and cannot therefore be owners of the land.

And this is Raniera Te Whata's evidence on the same point:—

Q. Is No. XIV Kemp's own or is he a caretaker ?

A. That belongs wholly to Kemp. That is his.

Q. Could anyone have objected to his title there ?

A. No, there is no one to dissent from it.

Q. Could anyone have dissented if they had wished ?

A. There was only one who could have dissented from it, and that was myself.

Q. Did you dissent ?

A. No; I left it to Kemp—to my elder brother.

That Block XIV. was Major Kemp's own individual share in the estate, or part of it, is sworn to by Te Rangimairehau : " That piece of land never belonged to the tribe; it was simply Kemp's own." Major Kemp has sworn that he inherited this part of the Horowhenua estate from his ancestors, and he has told the Commission of the carved monument which is erected on the island of Papaitonga to the memory of his female ancestor, Te Riunga. I submit that, apart from the positive evidence on this point, it is sufficiently clear from the following facts, which have been thoroughly established in evidence:—

(1)	Although it is about ten years since the land was allotted to Major Kemp, and seven-and-a-half years since the Certificate of Title under the Land Transfer Act was issued, with title antevested, not a single Muaupoko, of those to whom, as is now contended, the land should revert, has ever put forward any claim to it, direct or indirect.
(2)	Although in regard to all the other blocks in respect of which trusts are alleged to exist caveats have been lodged (sometimes three deep) to prevent any dealing with the land, no one has ever proposed or attempted to lodge a caveat against this title.
(3)	The Crown—professing to look after the interests of beneIcuries—lodged a caveat against Block No. VI. in January, 1895, page 24 but not against this block till 2nd November, 1895—long after the discussion had taken place in the House and the passing of the Horowhenua Block Act.
(4)	Although it was a matter of notoriety that Major Kemp had leased the block to me some five years ago, and sold the timber on the eastern side to Mr. Peter Bartholomew, not a single member of the tribe (as shown by the evidence) has ever applied either to Major Kemp, or to Mr. Bartholomew, or to myself, for a part of the rent or timber-money.
(5)	Although it was generally known that shortly after the lease Major Kemp sold two detached portions of the block, comprising about eleven acres, to me for £110, no other member of the tribe received share of the purchase-money, or applied for it to Major Kemp or myself, or ever expected any share of it.
(6)	Notwithstanding all the turmoil and contention over the Horowhenua Block ever since the partition Court of 1890, at none of the tribal meetings has this supposed trust in respect of No. XIV. ever been mentioned in any way.
(7)	Even Mr. Donald Fraser (Warena Hunia's attorney) [unclear: adnita] that he never heard the block referred to in any way, except once in Wanganui, when Warena asked Kemp to give him the privilege of leasing it, and Kemp replied, "I cannot do so because I have promised that land to my sister Rora." Both the request and the reply are, I submit, clear evidence of Kemp's undoubted right to do what he liked with it: for, as Mr. Fraser added, "Warena said nothing more, either then or afterwards."
(8)	In 1892 Major Kemp, finding that a right of way had been laid off round the Papaitonga Lake, within Block XIV., applied, in his own right, to the Government to have the map in the Survey Officer altered by the obliteration of the right of way, and surrendered the Certificate of Title for that purpose, supporting his application with statutory declaration by Judge Wilson that the right of way had not been ordered by the Court. The application was made by Major Kemp without consultation with the tribe, and was agreed to by the Government, the official plan being altered accordingly.
(9)	When in September, 1894, Major Kemp, in order to give security for £500 advanced by me to Mr. Edwards to pay costs in the Supreme Court, agreed to mortgage No. XIV. to myself, and took the deed before Mr. Ward, the Trust Commissioner, in open Court, to have it certified to under the " Native Lands Frauds Prevention Act," a single member of the Muaupoko tribe made any objection to what was doing, either then or subsequently.
(10)	All these acts of ownership on the part of Major Kemp have been open and public, and well known to every member of the tribe and no one has ever presumed to question his right.

These, then, are ten good and sufficient reasons for my contention that Block XIV. never was a trust estate, in any sense whatever, after the division Court of 1886.

As I have now pointed out, the evidence has entirely failed to establish anything in the nature of a trust in regard to No. XIV., as held by Major Kemp. But I may further point out that, even had such a trust been established, my position as lessee, as mortgagee, or as purchaser, would not have been in any way affected unless it had been shewn that the transactions, so far as I was concerned, were fraudulent, or unless notice, direct or constructive, had been given to me of the existence of such a trust at the time of or prior to those transactions.

Now, what is the evidence? Major Kemp himself swears that he never gave me a hint that he was anything but the absolute owner. I have sworn that I never received such notice from him or from anyone else. Both Mr. McDonald and Mr. Donald Fraser admitted in their evidence that, although they had been in friendly communication with me for many years, they never on one single occasion mentioned to me, or to Major Kemp, or to any member of the Muaupoko tribe, that in their opinion Major Kemp held this land in trust or was morally bound to return it to the people. It was only after the Supreme Court had decided, in pursuance of Major Kemp's prayer, in September 1894, that Block XI. was the property of the whole tribe and not of the two " nominal owners" that I heard a rumour that an attack would be made on Major Kemp's own title in Block XIV.; and the suggestion of a trust was, so far as I know, first formulated when the Minister of Lands and Mr. Carroll put certain questions to me at the Bar of the House in October last.

Major Kemp has narrated, on oath, the circumstances under which he granted me a lease of this land; and he has stated that it was he himself who fixed the rent at half-a-crown an acre. Mr. John McDonald, who has been leasing Native land all over the District, stated in evidence that he considered this a fair rental; and Mr. Peter Bartholomew, who has leased a portion of Block XIV., at the same rental, for twenty-one years, stated the same.

Te Rangimairehau says in his evidence:—"When the descendants of Te Whatanui would not accept the first allotment, Kemp said he would keep it for himself, because that was his own individual land—and right on to what is now the State Farm. I have not heard anyone say during the last ten years that this piece did not belong to Kemp individually. I have never heard a word of complaint among the Muaupoko. When we knew of the lease to you, there was no complaint. I never heard of a demand for rent by any member of the tribe, or of any demand for a share of the £100 for the portions sold to you, or of any objection to the mortgage."

And even Hoani Puihi, called by Mr. A. McDonald, admits that the "thought" about the 1200 acres being given back to the tribe only came into his mind after he had heard that the whole question of title was to come before a Royal Commission. He had never before, during all these ten years, mentioned the subject to Kemp or to any member of the tribe; nor had Mr. McDonald, nor Donald Fraser, nor Warena Hunia, nor Wirihana Hunia, by their own showing. This is admitted by them all on oath before the Commission.

Warena Hunia's pamphlet was put in by Mr. Marshall for purposes of comment. Now this pamphlet professes to deal exhaustively with the Horowhenua question. But all Warena says about Block XIV, is this:—"Major Kemp has, however, retained it as his own." Not a word about any alleged breach of trust, of which so much is attempted to be made now ! To borrow Hoani Puihi's expression, the " thought" had not come into Warena Hunia's mind so far back as 1892 Further on (page 6,) he says that Major Kemp has " kept the 1200 acres first mentioned, and has, I believe, sold portions of it and leased the rest of it, to Sir Walter Buller, who is now acting as his adviser. He has never transferred subdivision VI. to the persons for whom it was intended [printed in italics], although he has had it for nearly six years." Not one word about his not having transferred No. XIV. to his own people, as Mr. McDonald now says he should have done! It is perfectly clear that the whole thing is an afterthought, suggested by those who are anxious to destroy Kemp's title to No. XIV., in the vain hope that it will affect me. Warena admits that he never said a word on the subject to myself, or to Major Kemp, or to the Muaupoko: so he was hardly likely to have mentioned it in his pamphlet.

But, whatever view the Commission may take, as to the existence or otherwise of a trust, as I have already pointed out, it cannot affect my position under my Land Transfer title, unless fraud be alleged or proved. As I have already shown, if a trust did exist, no notice thereof, direct or indirect, was ever given to me, either by Major Kemp, or by any of those now claiming as beneficiaries, or by anyone on their behalf.

I may also mention that after each of the transactions in which I have been concerned—the three leases, the transfer, and the mortgage—Major Kemp made the usual statutory declaration that the land affected by the deed was " not held in trust for the benefit of any Native community."

It is hardly necessary for me to remind the Commission of the evidence given before it by Judge Ward, at Wanganui, of whom the Minister of Lands had said (Hansard, p. 742), "By some means or another—it is not for me to say what—Sir Walter Buller has been able to persuade the Trust Commissioner under the Native Lands Frauds Prevention Acts to grant a certificate of his mortgage without the law being complied with," adding that the Bill would "give the page 27 Trust Commissioner a chance of defending himself." Mr. Ward was able to satisfy the Commission that he had acted strictly in accordance with the law; and he further stated that he was perfectly satisfied in October, 1894, that Block XIV. was Kemp's own land, and not a trust estate.

Of course Parliament may pass whatever legislation it may deem proper in pursuance of the report of the Commission, and it may even, if it thinks fit, repeal the provisions of the Land Transfer Act. But I think the mind of the present Parliament, in relation to such trusts as are now alleged to exist, is made sufficiently clear by "The Native Land Court Act, 1894." I refer particularly to Sections XIV. and LVIII.