Copy of a Report by Walter Mantell, Esq., on the Right of the Ngatitoa to dispose of Land, North of Kaiapoi.

In making the following Report, I have the advantage of the information contained in Lieutenant Servantes's Report on the subject, dated Auckland, 4th September, in which he states the claims of the Ngatitoa.

The grounds on which the Ngaitahu claim compensation, as stated in my letter to the Private Secretary, dated Akaroa, 21st September, 1848, are:—

• "First,—That the land was never occupied by the Ngatitoa.
• "Secondly,—That the Ngaitahu have never ceased to live at, or near the disputed land.
• "Thirdly,—That subsequently to the last inroad of the Ngatitoa, the Ngaitahu successfully conducted an expedition against that tribe, which was never avenged."

These were more fully stated In a letter of Matiaha Tiramorehu, published some time since in the New Zealand ectator.

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Regarding the Wairau, as having by Native custom become the property of the Ngatitoa, I restrict my remarks to lands south of it (to Kaiapoi), and, in so doing, most state a third view of the case. That this land was, on the assertion of British supremacy in 1840, waste, unoccupied; and belonged neither to the tribes who, in an expedition for revenge and pounamu (not land) abandoned it after destroying the inhabitants; nor to the small and scattered remnant of those inhabitants who, but for the arrival of Europeans would not for many generations have had land, or been able to occupy it, but possessed a portion of the vast tracts in the Middle Island, which have no owner but the Crown. Of these three claims, that of the Crown (setting aside the purchase from the Ngatitoa) is in my opinion the only valid one.

If the case rest between those of the Ngaitahu and Ngatitoa, I must, with equal confidence, give my opinion in favour of the former, as they are by the precedent established by Captain Fitzroy, in the repurchases at New Plymouth, and which the Ngaitahu have more than once quoted in support of their demands.

In any case, Matiaha Tiramorehu, and not Tikao and the other Natives, whose names he has attached to the enclosed letter, is the principal claimant.

Enclosure in No. 2.
[Translation.]

This is my Speech, O Governor,—

About the alienation of our lands. This matter commences with Kaiapoi, which I am about to discuss. Friend the Governor, cease the obstinancy and stubbornness of your thoughts in giving the payment of the land of a people to other stranger folks, rather let it be given to us, which is the cause of our writing this letter to you. Friend the Governor, hear the commencement of this speech to you about Kaiapoi, commencing at Kaiapoi, Rarahui, Te Aka Aka, Te Kohai—E rua te Kohai—Kourapanepane, Te Mimi o Moki Parawaka, Pohatunui, O Kakoreka Tuahipari, Taumarakaihore, Te Kuri Komanawa, Te Arawhakawae, Te Patoku, Tapuae, Tokomaru, Te Kurunui, Kaharoroa, Makuhau Marikirikiri, Te Upoko, Omaki, Rapui Maru, Waiuru, Tuahukoi, Makahapokopoko, Takangaoko, Piri Tutaeputuputu, To Mikiatewaranga, Te Raumanuka, Te Rorotaureroa, Te Rako, Tuku Tukuiwi, Waitoroki, Taiapua, Oturu, Kahutara, on the head of the River Pakuhia, Te Kaiwahia, Uerau, Kaitarau, Te Puhi Puhi, Wairau, Tapuaenuku, Maukutarehu, Puahia, Tu, and Rongo and Wairau.

Now friend the Governor, do not be mistaken in your thoughts with regard to Wairau. Do not say to us Wairau does not belong to the men of Kaiapoi. Friend, Wairau belongs to me; the Natives living there are merely squatters. I now, for the first time, give my full consent to give up to you the land of Wairau, Te Are Are, Torea Moua, Totaranui. Friend the Governor, hearken to the right ownership of this land; Tuahuriri is the man of the land, all the other people are living there without authority, all those men have only lately come to reside there. Ngati Kuia, is the tribe who lived on that land in former times. Tuahuriri was the man who had authority over all these lands, because he was the great chief of Ngati Wairangi. Hahukuratupaku first owned; that land, and from him descended Tumaroro, and from Tumaroro came Te Tuahuriri, thus he was the chief of all those lands.

Friend the Governor, cease your mistaken ideas regarding my lands in giving them away to the people. Mine alone is the land; the payment is stolen if it should be given by you to any other.