Claim of Heremaia Mautai and others.

This was an application for a certificate of title to the reserve at Wairewa.

Mr. Mackay stated that the reserve in question was made by Mr. Hamilton, in 1856.

Mr. W. J. W. Hamilton deposed that in 1856 he was acting on behalf of the Government, as Commissioner for extinguishing Native claims on Banks' Peninsula. Recollected making the Wairewa reserve; 400 acres were agreed on as the quantity of land which the reserve should consist of. Heremaia Mautai's signature is attached to a postcript in the deed, in which he distinctly agreed that page 209the Queen's roads should be cut through the reserve. In order to allow for roads, and the waste occasioned by river beds, the reserve was increased to 440 acres. His (Mr. Hamilton's) desire was, that the Natives should have 400 clear acres. He did not buy these 400 acres and then reserve them afterwards. The land was reserved by the Natives themselves out of what they coded to the Crown.

Mr. Williams said that a tramway had been marked out on the reserve by the Provincial Government, and it was necessary that it should be excluded from the Crown grant. An agreement had been come to by the Natives and the Government. If it were included in the Crown grant, the Natives might turn round and say to the Government that they could not have the land for the purposes of a tramway unless they paid them so much money. If by doing so it would not be travelling beyond its jurisdiction, he would ask the Court to make an order to the effect that the Crown grant should not be issued until the Natives conveyed the track to the Government according to agreement.

Heremaia Mautai said he was aware that it was agreed the Government should have the land for the tramway. Mr. Hall did not pay the Natives for the land, he only paid them £20 for the trees, not for the road.

Mr. Davie stated that the Natives had agreed to give the track to the Government, in consideration of them being allowed the wood and a sum of money which had been paid to them. The tramway had been made.

Mr. Williams hoped the matter would be settled now.

The Chief Judge said that the matter would be made an order of reference under the 83rd Section of the Act, and he apprehended the Court could make any order it pleased. It could direct that a Crown grant should be issued for the land taken for tramway purposes, to the Superintendent. The Court would hear evidence of the agreement entered into by the Natives and the Government with regard to the track.

The case was adjourned until a later stage, in order that the memorandum or agreement might be produced.

Mr. Williams subsequently produced the agreement made between the Hon. John Hall and the Natives. It was to the effect that the Government would pay the Natives £35 as compensation for timber standing on the one chain wide reserve for the tramway, the Natives having been led to expect, at the time the Wairewa reserve was made, that the timber would remain their property; it being clearly understood that the Natives should remove all timbers on other roads, whenever required to do so by the Government. He would therefore apply to have the land reserved, for the tramway and roads conveyed by Crown grant to the Superintendent.

The Chief Judge acceded to the application; and issued a certificate of title to the remainder of the reserve, to those named in the list.